Page 111 - 2026 Lozano Smith Brown Act Handbook

(1) All information received by a shareholder, member, or owner of the public bank in a closed
session related to the information presented to the governing board of a public bank in closed
session shall be confidential. However, a member of the governing board of a shareholder,
member, or owner local agency may disclose information obtained in a closed session that has
direct financial or liability implications for that local agency to the following individuals:

(A) Legal counsel of that shareholder, member, or owner local agency for purposes of obtaining
advice on whether the matter has direct financial or liability implications for that shareholder
local agency.

(B) Other members of the governing board of the local agency present in a closed session of that
shareholder, member, or owner local agency.

(2) A designated alternate member of the governing board of the public bank who is also a
member of the governing board of a shareholder, member, or owner local agency and who is
attending a properly noticed meeting of the public bank governing board in lieu of a shareholder,
member, or owner local agency’s regularly appointed member may attend a closed session of the
public bank governing board.

(c) If the governing board of a public bank adopts a policy or a bylaw or includes provisions in
its governing documents pursuant to subdivision (b), then the governing board of the
shareholder, member, or owner local agency, upon the advice of its legal counsel, may conduct a
closed session in order to receive, discuss, and take action concerning information obtained in a
closed session of the public bank governing board pursuant to paragraph (1) of subdivision (b).

54957. Closed session regarding threat to public facilities and services;
personnel matters; exclusion of witnesses; employee defined;
discussion of compensation

(a) (1) This chapter does not prevent the legislative body of a local agency from holding closed
sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief
of police, or other law enforcement or security personnel, or a security consultant or a security
operations manager, on matters posing a threat to the security of public buildings, a threat to the
security of essential public services, including water, drinking water, wastewater treatment,
natural gas service, and electric service, or a threat to the public’s right of access to public
services or public facilities, or a threat to critical infrastructure controls or critical infrastructure
information relating to cybersecurity.

(2) For purposes of this subdivision, the following definitions apply:

(A) “Critical infrastructure controls” means networks and systems controlling assets so vital to
the local agency that the incapacity or destruction of those networks, systems, or assets would
have a debilitating impact on public health, safety, economic security, or any combination
thereof.

(B) “Critical infrastructure information” means information not customarily in the public
domain pertaining to any of the following:

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