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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, 54953.8, 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.

(Government Code §§ 54954.2, 54954.5.)

3. Major Reasons for Permissible Closed Sessions.

a. Real Property Transactions. Local agencies negotiating real property
transactions may meet in closed session to instruct their negotiators regarding the price and terms
of payment for the purchase, sale, exchange, or lease of property. This is a narrowly crafted
exception and does not authorize closed session discussions of any and all transactions
concerning real property. General briefings on land acquisition, engineering and architectural
work, traffic and parking developments and environmental and related impacts are not within the

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