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3. For Pending Litigation, the Case Must Be Identified.

Before holding a pending litigation closed session, the legislative body must state
on the agenda or announce publicly which subdivision of Government Code section 54956.9
authorizes the closed session. If Government Code section 54956.9, subdivision (d) is the
authority (existing litigation on file), the case must be identified by title or otherwise, unless
doing so would jeopardize service of process or settlement negotiations.

(Government Code § 54956.9.)

C. A 24-HOUR NOTICE TO AN EMPLOYEE IS REQUIRED BEFORE
CONSIDERING SPECIFIC COMPLAINTS OR CHARGES AGAINST
THE EMPLOYEE

Before conducting any closed session to hear specific complaints or charges
brought against an employee, the affected employee must be delivered written notice of his or
her right to have the complaints or charges heard in open session at least twenty-four (24) hours
before the meeting. Failure to deliver the notice renders any disciplinary or other action “null
and void.” This rule does not apply to employee performance evaluations. This rule also does
not apply to meetings to decide whether the complaint or charge would justify disciplinary
action, as opposed to an evidentiary hearing to consider the complaint or charge. Sample
employee notices are provided in Appendix 6.

(Government Code § 54957; Ricasa v. Office of Administrative Hearings (2019) 31 Cal.App.5th
262; Kolter v. Commission of Professional Competence of Los Angeles Unified School District
(2009) 170 Cal.App.4th 1346; Moreno v. City of King (2005) 127 Cal.App.4th 17; Morrison v.
Housing Authority of Los Angeles (2003) 107 Cal.App.4th 860; Duval v. Board of Trustees of
Coalinga-Huron Unified School District (2001) 93 Cal.App.4th 902; Bell v. Vista Unified School
District (2000) 82 Cal.App.4th 672; Bollinger v. San Diego Civil Service Commission (1999) 71
Cal.App.4th 568; Furtado v. Sierra Community College (1998) 68 Cal.App.4th 876.)

D. THERE ARE REQUIREMENTS TO REPORT OUT ACTION TAKEN IN
CLOSED SESSION

1. The Legislative Body Must Report Out in Open Session Actions Taken and the
Vote.

The legislative body must report in open session certain actions taken in closed
session and the vote, including:

• Approval of an agreement concluding real estate negotiations.

• Approval for legal counsel to defend, initiate, or settle litigation.

• Disposition of claims.

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