Page 103 - BrownActHandbook
P. 103
54957.6. Closed sessions regarding employee matters; meeting with designated
representatives
(a) Notwithstanding any other provision of law, a legislative body of a local agency may hold
closed sessions with the local agency’s designated representatives regarding the salaries, salary
schedules, or compensation paid in the form of fringe benefits of its represented and
unrepresented employees, and, for represented employees, any other matter within the
statutorily-provided scope of representation.
However, prior to the closed session, the legislative body of the local agency shall hold an open
and public session in which it identifies its designated representatives.
Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for
the purpose of reviewing its position and instructing the local agency’s designated
representatives.
Closed sessions, as permitted in this section, may take place prior to and during consultations
and discussions with representatives of employee organizations and unrepresented employees.
Closed sessions with the local agency’s designated representative regarding the salaries, salary
schedules, or compensation paid in the form of fringe benefits may include discussion of an
agency’s available funds and funding priorities, but only insofar as these discussions relate to
providing instructions to the local agency’s designated representative.
Closed sessions held pursuant to this section shall not include final action on the proposed
compensation of one or more unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local agency may also meet
with a state conciliator who has intervened in the proceedings.
(b) For the purposes of this section, the term “employee” shall include an officer or an
independent contractor who functions as an officer or an employee, but shall not include any
elected official, member of a legislative body, or other independent contractors.
54957.7. Disclosure of items to be discussed at closed session
(a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in
an open meeting, the item or items to be discussed in the closed session. The disclosure may
take the form of a reference to the item or items as they are listed by number or letter on the
agenda. In the closed session, the legislative body may consider only those matters covered in its
statement. Nothing in this section shall require or authorize a disclosure of information
prohibited by state or federal law.
(b) After any closed session, the legislative body shall reconvene into open session prior to
adjournment and shall make any disclosures required by Section 54957.1 of action taken in the
closed session.
2025 Brown Act Handbook LozanoSmith.com 91