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APPROVAL OF PENDING APPROVAL GIVEN TO INITIATE OR
LITIGATION SETTLEMENTS INTERVENE IN LITIGATION
(GOV. CODE, § 54957.1(a)(3) (GOV. CODE, § 54957.1(a)(2))
When Generally: Before Action Has Been Commenced:
After settlement is final What to Report:
If Legislative Body Action Finalizes: 1) direction to initiate/intervene given;
2) voting tally;
What to Report: 3) the action, defendants, and other particulars to
be disclosed only:
1) the acceptance action; a) upon inquiry; and,
2) voting tally; b) once action formally commenced, unless
3) substance of agreement. disclosure jeopardizes process service/
conclusion of settlement negotiations.
When to Report: When to Report:
1) after closed session; 1) after closed session;
2) in open session; 2) in open session;
3) during same meeting. 3) during same meeting.
If Other Party or Court Finalizes: After Action Formally Commenced:
If Disclosure Does Not Jeopardize Service of
What to Report/Disclose: Process/Existing Settlement Negotiations:
What to Disclose:
1) no report is required; however, after the
agreement is finalized by the other party or 1) the approval action;
the court, and upon inquiry by any person, 2) voting tally;
disclose: 3) defendant(s);
a) the fact of approval action; 4) other particulars, presumably including
b) voting tally; substance of litigation.
c) substance of agreement. When to Disclose:
When to Disclose: 1) upon inquiry.
If Disclosure Jeopardizes Service of Process/
1) As soon as other party informs legislative Existing Settlement Negotiation Conclusion:
body of its approval and upon inquiry.
What to Disclose:
1) No disclosure required until process served/
settlement negotiations concluded.
Thereafter, disclose:
a) the approval action;
b) voting tally;
c) defendant(s);
d) other particulars, presumably including
substance of litigation.
When to Disclose:
1) No disclosure required until process served/
settlement negotiations concluded; thereafter,
disclosure required only upon inquiry.
2025 Brown Act Handbook LozanoSmith.com 133
