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• Action to appoint, employ, dismiss, non-renew, accept resignation of, or affect
the status of any employee. The title of the position and any change in
compensation must be reported. A decision to retain an employee need not be
reported out.
• Approval of labor negotiation agreements.
Reports may be oral or written. Copies of final agreements must be made
available to the public.
Non-action items, such as obtaining direction from the legislative body, regardless
of whether a vote is taken on that direction, need not be reported out.
A checklist on reporting out requirements is contained in Appendix 5.
(Government Code § 54957.1; Gillespie v. San Francisco Public Library Commission (1998) 67
Cal.App.4th 1165; 89 Ops.Cal.Atty.Gen. 110 (2006).)
2. The Timing of Reporting Out May in Some Circumstances Be Deferred to a
Subsequent Meeting or Upon Inquiry.
Most reporting out is done at the same meeting in which the action is taken. In
some circumstances, however, reporting out is deferred to a subsequent meeting or is only
required upon inquiry. For example, deferral is allowed when the action taken by the agency is
not final until some period of time has passed, or the action is contingent upon approval by
another party. See Government Code section 54957.1 and the checklist contained in Appendix 5
for details.
3. The Identification of a Victim of Sexual or Child Abuse Need Not Be Disclosed.
No notice, agenda, announcement, or report required under the Brown Act need
identify a victim or alleged victim of sexual or child abuse unless the identity of the person has
been publicly disclosed.
(Government Code § 54961.)
E. INFORMATION ACQUIRED DURING CLOSED SESSION IS CONFIDENTIAL
AND MAY NOT BE RELEASED TO THIRD PARTIES
No person may disclose confidential information that has been acquired by being
present in an authorized closed session to a person not entitled to receive that confidential
information, unless the legislative body authorizes disclosure of that confidential information.
“Confidential information” means a communication made in a closed session that is specifically
related to the basis for the legislative body of a local agency to meet lawfully in closed session.
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