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h. Meetings to Consider a Charge or Complaint From a Health Care
Member. A local agency which provides Medi-Cal services may meet in closed session to hear a
charge or complaint from a member enrolled in its health plan if the member does not wish to
have his or her name, medical status, or other information that is protected by federal law
publicly disclosed.

(Government Code § 54956.86.)

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.)

k. Property Tax Assessment Appeals. Property tax appeals held before the
County Board of Equalization are open and public except that, upon conclusion of the taking of
evidence, the Board may deliberate in private in reaching a decision. An applicant may, however,
request the Board to close to the public a portion of the hearing by filing a declaration under
penalty of perjury that evidence is to be presented which relates to trade secrets the disclosure of
which will be detrimental to the business interests of the owner of the trade secrets. If the board
grants the request, only evidence relating to the trade secrets may be presented during the time
the hearing is closed.

(Revenue and Taxation Code § 1605.4,)

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.)

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