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i. Meetings to Consider Final Draft Audit Report from Bureau of State
Audits. A local agency may meet in closed session to review and consider a response to a
confidential final draft audit report from the Bureau of State Audits. After public release of the
audit report, further meetings must be held in open session unless exempted from that
requirement by some other provision of law.

(Government Code § 54956.75.)

j. Meetings to Consider Investment of Pension Funds. A local agency that
invests pension funds may hold a closed session to consider the purchase or sale of particular,
specific pension fund investments. All investment transaction decisions made during the closed
session must be made by roll call vote.

(Government Code § 54956.81.)

4. Closed Sessions Are Prohibited Except as “Expressly Authorized.”

To be lawful, a closed session must be expressly authorized by the Brown Act or
other specific statute. An example of other specific statutes are provisions of the Education Code
which authorize closed sessions to consider student disciplinary matters and student record
challenges.

(Government Code § 54962; Education Code §§ 35146, 48912, 49070, 48918.)

B. CLOSED SESSION ITEMS MUST BE IDENTIFIED ON THE AGENDA AND
ORALLY ANNOUNCED IN OPEN SESSION

1. The Legislative Body Must Announce in Open Session the Basis for the Closed
Session.

Before conducting any closed session, the legislative body must announce in open
session the items to be discussed. The disclosure may be a simple reference to the agenda item
number or letter. The closed session may be conducted (and the announcement may be given) at
a location different from that of the regular meeting if properly noticed on the agenda.

(Government Code § 54957.7.)

2. For Real Estate Negotiations, the Legislative Body Must Identify the Property and
Negotiating Parties.

Before conducting any real estate negotiation closed sessions, the legislative body
must hold an open session during which it identifies the agency negotiators attending the closed
session, the property that the negotiation may concern, and the persons with whom the local
agency negotiators may negotiate.

(Government Code § 54956.8.)

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