Page 113 - 2026 Lozano Smith Brown Act Handbook

(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8
shall be reported after the agreement is final, as follows:

(A) If its own approval renders the agreement final, the body shall report that approval and the
substance of the agreement in open session at the public meeting during which the closed session
is held.

(B) If final approval rests with the other party to the negotiations, the local agency shall disclose
the fact of that approval and the substance of the agreement upon inquiry by any person, as soon
as the other party or its agent has informed the local agency of its approval.

(2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate
review or relief, or to enter as an amicus curiae in any form of litigation as the result of a
consultation under Section 54956.9 shall be reported in open session at the public meeting during
which the closed session is held. The report shall identify, if known, the adverse party or parties
and the substance of the litigation. In the case of approval given to initiate or intervene in an
action, the announcement need not identify the action, the defendants, or other particulars, but
shall specify that the direction to initiate or intervene in an action has been given and that the
action, the defendants, and the other particulars shall, once formally commenced, be disclosed to
any person upon inquiry, unless to do so would jeopardize the agency’s ability to effectuate
service of process on one or more unserved parties, or that to do so would jeopardize its ability to
conclude existing settlement negotiations to its advantage.

(3) Approval given to its legal counsel of a settlement of pending litigation, as defined in
Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be
reported after the settlement is final, as follows:

(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall
report its acceptance and identify the substance of the agreement in open session at the public
meeting during which the closed session is held.

(B) If final approval rests with some other party to the litigation or with the court, then as soon
as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose
the fact of that approval and identify the substance of the agreement.

(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95
shall be reported as soon as reached in a manner that identifies the name of the claimant, the
name of the local agency claimed against, the substance of the claim, and any monetary amount
approved for payment and agreed upon by the claimant.

(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the
employment status of a public employee in closed session pursuant to Section 54957 shall be
reported at the public meeting during which the closed session is held. Any report required by
this paragraph shall identify the title of the position. The general requirement of this paragraph
notwithstanding, the report of a dismissal or of the non-renewal of an employment contract shall
be deferred until the first public meeting following the exhaustion of administrative remedies, if
any.

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