Page 45 - 2026 Lozano Smith Brown Act Handbook

For the purposes of these situations, significant exposure to officers or employees
of the agency, whether or not arising from within the course and scope of office or employment,
is deemed significant exposure for the agency.

(Government Code § 54956.9(h).)

(4) Exclusion of Legislative Body Members. A member of the legislative body may be
excluded from a closed session meeting when the member is a party or potential party to
litigation against the agency and the agency is considering that litigation.

(DeGrassi v. City of Glendora (2000) 207 F.3d 636.)

(5) Settlement Meetings. Settlement meetings with adverse parties and an outside
mediator to pending litigation may not be held in closed session. Such meetings extend beyond
the receipt of advice from legal counsel.

(Page v. MiraCosta Community College District (2009) 180 Cal.App.4th 471.)

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

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