Page 36 - BrownActHandbook

• Any executive session of a public-school employer or between a public school
employer and its designated representative for the purpose of discussing its
position regarding any matter within the scope of representation and
instructing its designated representatives.

• Meetings of committees created for the purpose of furthering collective
bargaining between districts and unions. (Californians Aware v. Joint
Labor/Management Benefits Committee (2011) 200 Cal.App.4th 972.)

c. Litigation.

(1) In General. Closed sessions are permitted to confer with, or to
receive advice from the agency’s legal counsel regarding pending
litigation against the agency when discussion in open session
would prejudice the agency’s position in the litigation.

(Government Code § 54956.9; Shapiro v. Board of Directors of the Centre City Development
Corporation (2005) 134 Cal.App.4th 170.)

(2) “Pending Litigation.” Litigation includes court actions (including
eminent domain proceedings) and adjudicatory proceedings before
an administrative agency, hearing officer, or arbitrator. Litigation
is deemed pending in four situations:

• Litigation has been formally initiated;

(Government Code § 54956.9(d)(1).)

• There is significant exposure to litigation in the opinion of the
legislative body on the advice of legal counsel, based upon
“existing facts and circumstances”;

(Government Code § 54956.9(d)(2).)

• Based on “existing facts and circumstances,” the legislative
body is meeting only to decide whether there is significant
exposure to litigation that would authorize a closed session
under Government Code section 54956.9(d)(2);

(Government Code § 54956.9(d)(3).)

• The legislative body has decided, or is deciding whether, to
initiate litigation.

(Government Code § 54956.9(d)(4).)

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