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d. To Consider the Appointment, Employment, Evaluation of Performance,
Discipline, or Dismissal of a Public Employee and to Hear Complaints
Against a Public Employee.

(1) In General. Closed sessions are permitted to consider the
appointment, employment, evaluation of performance, discipline,
or dismissal of a public employee, or to hear complaints or charges
brought against the employee. This is sometimes referred to as the
“personnel exception.” The “employees” covered do not include
elected officials or members of the legislative body. Independent
contractors are covered provided they are functioning as officers or
employees.

(2) Specific Employees; Subordinate Employees. The personnel
matters discussed must relate to specific individuals. Broad-based
reviews of employee classifications must be held in open session.
In addition, generally, the legislative body may only hold closed
sessions to consider the appointment, employment, evaluation,
discipline, or dismissal of an employee over which the legislative
body has appointing authority. In other words, the closed session
is permissible only if the legislative body has decision making
authority over that employee.

(3) Salary Setting. The legislative body may not discuss or take action
on proposed compensation except for a disciplinary reduction of
compensation or as otherwise permitted in connection with labor
negotiations.

(Government Code § 54957.)

(4) City Manager, Superintendent, and Similar Chief Administrative
Officer Contracts. Contracts of employment with a city manager,
superintendent, assistant superintendent, associate superintendent,
community college president, community college vice president,
community college deputy vice president, general manager, county
administrator, or other similar chief administrative officer or chief
executive office of a local agency must be ratified in open session
of the legislative body and reflected in the minutes. These
contracts may also only be approved at a regular meeting. For
salaries and fringe benefits, the legislative body must provide an
oral report before approval.

(Government Code §§ 53262, 54953, 54956; Hofman Ranch v. Yuba County Local Agency
Formation Commission (2009) 172 Cal.App.4th 805; 88 Ops.Cal.Atty.Gen. 16 (2005);
85 Ops.Cal.Atty.Gen. 77 (2002).)

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