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(Government Code §§ 54957.9, 54957.95; Penal Code § 403; Elections Code § 18340; City of
Los Angeles v. Herman (2020) 54 Cal.App.5th 97; Acosta v. City of Costa Mesa (9th Cir. 2013)
718 F.3d 800; White v. City of Norwalk (9th Cir. 1990) 900 F.2d 1421, 1425.)

F. MEETINGS MUST BE ACCESSIBLE TO ALL INDIVIDUALS

All open and public meetings must be accessible to disabled persons and meet the
protections and prohibitions of section 202 of the ADA. ADA accommodation applies to
legislative body members. Remote participation may be a reasonable accommodation for a
member with a qualifying disability.

In addition, the legislative body may not meet in a facility that prohibits
admittance of any person on the basis of race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, disability, or other characteristic listed or defined in
Government Code section 11135, or when members of the public may not be present without
making a payment or purchase.

(Government Code §§ 54953.2, 54961; __ Ops.Cal.Atty.Gen. __ (2024), Opn. No. 23-1002.)

IV.
CLOSED SESSIONS

A. BASIS FOR CLOSED SESSIONS

1. Closed Sessions Are Permitted for Certain Matters Where It Is Necessary to
Conduct Business in Private.

Closed sessions are meetings conducted in private without the attendance of the
public or press. They are permitted for specific purposes as part of a regular or special meeting,
and during an emergency meeting to consider threats to public facilities and services. Courts
construe the statutory basis for closed sessions narrowly. Generally, to preserve the
confidentiality of closed sessions, only essential staff should be present during the closed
session. A member of a legislative body may be excluded from the closed session if the
legislative body is addressing litigation in which the excluded member is a party.

(Government Code §§ 54954.5, 54956.5(c); DeGrassi v. City of Glendora (2000) 207 F.3d 636;
___Ops.Cal.Atty.Gen.___(2022), Opn.No. 21-1102; 88 Ops.Cal.Atty.Gen. 16 (2005); 86
Ops.Cal.Atty.Gen. 210 (2003.)

2. Closed Session Agenda Notice Requirements.

Regular meeting agendas and special meeting notices must include a description
of the matters to be discussed in closed session. Closed session agenda descriptions may follow
a prescribed statutory format. Substantial compliance with this format creates a “safe harbor”
against challenges to the adequacy of the notice. Appendix 4 contains the list of statutory
prescribed closed session agenda descriptions.

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