Page 48 - 2026 Lozano Smith Brown Act Handbook

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.)

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.

36 LozanoSmith.com 2026 Brown Act Handbook