Page 126 - 2026 Lozano Smith Brown Act Handbook

(e) A local agency may not take any action authorized by subdivision (c) against a person, nor
shall it be deemed a violation of this section, for doing any of the following:

(1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a
perceived violation of law, including disclosing facts to a district attorney or grand jury that are
necessary to establish the illegality of an action taken by a legislative body of a local agency or
the potential illegality of an action that has been the subject of deliberation at a closed session if
that action were to be taken by a legislative body of a local agency.

(2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative
body of a local agency in closed session, including disclosure of the nature and extent of the
illegal or potentially illegal action.

(3) Disclosing information acquired by being present in a closed session under this chapter that
is not confidential information.

(f) Nothing in this section shall be construed to prohibit disclosures under the whistle blower
statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section
53296) of Chapter 2 of this code.

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