Page 106 - BrownActHandbook

(b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8,
54956.9, 54956.95, 54957, or 54957.6, order the legislative body to audio record its closed
sessions and preserve the audio recordings for the period and under the terms of security and
confidentiality the court deems appropriate.

(c) (1) Each recording so kept shall be immediately labeled with the date of the closed session
recorded and the title of the clerk or other officer who shall be custodian of the recording.

(2) The audio recordings shall be subject to the following discovery procedures:

(A) In any case in which discovery or disclosure of the audio recording is sought by either the
district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1
alleging that a violation of this chapter has occurred in a closed session that has been recorded
pursuant to this section, the party seeking discovery or disclosure shall file a written notice of
motion with the appropriate court with notice to the governmental agency that has custody and
control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section
1005 of the Code of Civil Procedure.

(B) The notice shall include, in addition to the items required by Section 1010 of the Code of
Civil Procedure, all of the following:

(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking
discovery or disclosure, the date and time of the meeting recorded, and the governmental agency
that has custody and control of the recording.

(ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the
closed session.

(3) If the court, following a review of the motion, finds that there is good cause to believe that a
violation has occurred, the court may review, in camera, the recording of that portion of the
closed session alleged to have violated the act.

(4) If, following the in camera review, the court concludes that disclosure of a portion of the
recording would be likely to materially assist in the resolution of the litigation alleging violation
of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the
recording a public exhibit in the proceeding.

(5) This section shall not permit discovery of communications that are protected by the attorney-
client privilege.

54960.1. Proceeding to determine validity of action; mandamus or injunction;
demand for correction

(a) The district attorney or any interested person may commence an action by mandamus or
injunction for the purpose of obtaining a judicial determination that an action taken by a
legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6,
54956, or 54956.5 is null and void under this section. Nothing in this chapter shall be construed

94 2025 Brown Act Handbook LozanoSmith.com