Page 108 - 2026 Lozano Smith Brown Act Handbook

(5) A statement threatening litigation made by a person outside an open and public meeting on a
specific matter within the responsibility of the legislative body so long as the official or
employee of the local agency receiving knowledge of the threat makes a contemporaneous or
other record of the statement prior to the meeting, which record shall be available for public
inspection pursuant to Section 54957.5. The records so created need not identify the alleged
victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or
identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct
upon which a threat of litigation is based, unless the identity of the person has been publicly
disclosed.

(f) Nothing in this section shall require disclosure of written communications that are privileged
and not subject to disclosure pursuant to the California Public Records Act (Division 10
(commencing with Section 7920.000) of Title 1.)

(g) Prior to holding a closed session pursuant to this section, the legislative body of the local
agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that
authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision
(d), the body shall state the title of or otherwise specifically identify the litigation to be
discussed, unless the body states that to do so would jeopardize the agency’s ability to effectuate
service of process upon one or more unserved parties, or that to do so would jeopardize its ability
to conclude existing settlement negotiations to its advantage.

(h) A local agency shall be considered to be a “party” or to have a “significant exposure to
litigation” if an officer or employee of the local agency is a party or has significant exposure to
litigation concerning prior or prospective activities or alleged activities during the course and
scope of that office or employment, including litigation in which it is an issue whether an activity
is outside the course and scope of the office or employment.

54956.95. Closed sessions by joint powers agency formed for insurance pooling; self-
insurance authority; tort liability losses; public liability losses; workers’
compensation liability

(a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant
to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes
of insurance pooling, or a local agency member of the joint powers agency, from holding a
closed session to discuss a claim for the payment of tort liability losses, public liability losses, or
workers’ compensation liability incurred by the joint powers agency or a local agency member of
the joint powers agency.

(b) Nothing in this chapter shall be construed to prevent the Local Agency Self-Insurance
Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of
Title 1, or a local agency member of the authority, from holding a closed session to discuss a
claim for the payment of tort liability losses, public liability losses, or workers’ compensation
liability incurred by the authority or a local agency member of the authority.

(c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other
local agency.

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