Page 112 - 2026 Lozano Smith Brown Act Handbook

(i) Actual, potential, or threatened interference with, or an attack on, compromise of, or
incapacitation of critical infrastructure controls by either physical or computer-based attack or
other similar conduct, including, but not limited to, the misuse of, or unauthorized access to, all
types of communications and data transmission systems, that violates federal, state, or local law
or harms public health, safety, or economic security, or any combination thereof.

(ii) The ability of critical infrastructure controls to resist any interference, compromise, or
incapacitation including, but not limited to, any planned or past assessment or estimate of the
vulnerability of critical infrastructure.

(iii) Any planned or past operational problem or solution regarding critical infrastructure
controls, including, but not limited to, repair, recovery, reconstruction, insurance, or continuity,
to the extent it is related to interference, compromise, or incapacitation of critical infrastructure
controls.

(b) (1) Subject to paragraph (2), this chapter does not prevent the legislative body of a local
agency from holding closed sessions during a regular or special meeting to consider the
appointment, employment, evaluation of performance, discipline, or dismissal of a public
employee or to hear complaints or charges brought against the employee by another person or
employee unless the employee requests a public session.

(2) As a condition to holding a closed session on specific complaints or charges brought against
an employee by another person or employee, the employee shall be given written notice of their
right to have the complaints or charges heard in an open session rather than a closed session,
which notice shall be delivered to the employee personally or by mail at least 24 hours before the
time for holding the session. If notice is not given, any disciplinary or other action taken by the
legislative body against the employee based on the specific complaints or charges in the closed
session shall be null and void.

(3) The legislative body also may exclude from the public or closed meeting, during the
examination of a witness, any or all other witnesses in the matter being investigated by the
legislative body.

(4) For the purposes of this subdivision, 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. This subdivision
shall not limit local officials’ ability to hold closed session meetings pursuant to Sections 1461,
32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code. Closed sessions held pursuant to this subdivision shall not include discussion
or action on proposed compensation except for a reduction of compensation that results from the
imposition of discipline.

54957.1. Public report of action taken in closed session

(a) The legislative body of any local agency shall publicly report any action taken in closed
session and the vote or abstention on that action of every member present thereon, as follows:

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