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GOVERNMENT CODE-GOV
TITLE 5.LOCAL AGENCIES[50001 -57550] (Title 5 added by Stats. 1949, Ch. 81.)
DIVISION 2.CITIES,COUNTIES,AND OTHER AGENCIES[53000-55821] (Division 2 added by Stats. 1949, Ch. 81.)
PART 1.POWERS AND DUTIES COMMON TO CITIES,COUNTIES,AND OTHER AGENCIES[53000-54999.7]
Part 1 added by Stats. 1949, Ch. 81.)
CHAPTER 9.Meetings[54950-54963] (Chapter 9 added by Stats. 1953, Ch. 1588. )
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54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils
and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the
law that their actions be taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating
authority, do not give their public servants the right to decide what is good for the people to know and what is not
good for them to know. The people insist on remaining informed so that they may retain control over the
instruments they have created.
(Added by Stats. 1953, Ch. 1588.)
54950.5. This chapter shall be known as the Ralph M. Brown Act.
{ (Added by Stats. 1961, Ch. 115.)
54951, As used in this chapter, "local agency"means a county, city, whether general law or chartered, city and
county, town, school district, municipal corporation, district, political subdivision, or any board, commission or
agency thereof, or other local public agency. I'
(Amended by Stats. 1959, Ch. 1417.)
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{ 54952. As used in this chapter, "legislative body"means:
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary,
decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.
However, advisory committees, composed solely of the members of the legislative body that are less than a
quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body,
irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed
by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this
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chapter.
(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited
liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the
elected governing body to a private corporation, limited liability company, or other entity.
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(B) Receives funds from a local agency and the membership of whose governing body includes a member of the
legislative body of the local agency appointed to that governing body as a full voting member by the legislative
body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember
body that governs a private corporation, limited liability company, or other entity that receives funds from a local
agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting
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member of the governing body of that private corporation, limited liability company, or other entity shall be
relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting
member to a nonvoting member.
(d)The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121
of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a•
• legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and
operated by the local agency or by a delegated authority.
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(Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.)
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54952.1. Any person elected to serve as a member of a legislative body who has not yet assumed the duties of
office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of
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enforcement of this chapter as if he or she has already assumed office.
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(Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.)
54952.2. (a) As used in this chapter,"meeting"means any congregation of a majority of the members of a
legislative body at the same time and location, including teleconference location as permitted by Section 54953, to
hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative
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body.
(b) (1)A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use
a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on
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any item of business that is within the subject matter jurisdiction of the legislative body.
(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in
separate conversations or communications outside of a meeting authorized by this chapter with members of a
• legislative body in order to answer questions or provide information regarding a matter that is within the subject
matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the
comments or position of any other member or members of the legislative body.
(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not
violate subdivision (b).
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(2)The attendance of a majority of the members of a legislative body at a conference or similar gathering open to
the public that involves a discussion of issues of general interest to the public or to public agencies of the type
• represented by the legislative body, provided that a majority of the members do not discuss among themselves,
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other than as part of the scheduled program, business of a specified nature that is within the subject matter
jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission
to a conference or similar gathering at which the organizers have required other participants or registrants to pay
fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized
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to address a topic of local community concern by a person or organization other than the local agency, provided
• that a majority of the members do not discuss among themselves, other than as part of the scheduled program,
• business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.•
(4)The attendance of a majority of the members of a legislative body at an open and noticed meeting of another
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body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided
that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting,
business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
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(5)The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion,
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provided that a majority of the members do not discuss among themselves business of a specific nature that is
• within the subject matter jurisdiction of the legislative body of the local agency.
(6)The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing
committee of that body, provided that the members of the legislative body who are not members of the standing
committee attend only as observers.
• (Amended by Stats. 2008, Ch. 63, Sec. 3. Effective January 1,2009.)
54952.3. (a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any
other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only
• if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or
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serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each
• member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent
legislative body and identifies that the compensation or stipend shall be provided as a result of convening a
• meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of
the legislative body shall not be required to announce the amount of compensation if the amount of compensation
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• is prescribed in statute and no additional compensation has been authorized by a local agency.
(b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and
• necessary expenses incurred by a member in the performance of the member's official duties, including, but not
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limited to, reimbursement of expenses relating to travel, meals, and lodging.
(Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23)Effective January 1, 2012.)
54952.6. As used in this chapter,"action taken" means a collective decision made by a majority of the members of
a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make
a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting
as a body or entity, upon a motion, proposal, resolution, order or ordinance.
(Added by Stats. 1961, Ch. 1671.)
54952.7. A legislative body of a local agency may require that a copy of this chapter be given to each member of
the legislative body and any person elected to serve as a member of the legislative body who has not assumed the
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duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to
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each member of each legislative body all or a majority of whose members are appointed by or under the authority
of the elected legislative body.
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(Amended by Stats. 1993, Ch. 1138, Sec. 7. Effective January 1, 1994. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
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54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
• chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing
for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding
authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter
and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall
be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference
locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of
the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall
be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be
accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction,
except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to
address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section,"teleconference"means a meeting of a legislative body, the members of which
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• are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this
section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that
action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be
taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
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(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority
conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted
toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number
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of members that would establish a quorum are present within the boundaries of the territory over which the •
authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access
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• codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are
identified in the notice and agenda of the meeting. ••
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting
at a common physical site within the jurisdiction of the authority or from using teleconference locations within or ••
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near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this
subdivision shall be subject to all other requirements of this section.
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(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
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14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers
authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose
of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a
county sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code if the advisory committee has 12 or more members.
(Amended by Stats. 2017, Ch. 137, Sec. 1. (AB 428)Effective January 1, 2018.)
54953.1. The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a
local agency from giving testimony in private before a grand jury, either as individuals or as a body.
(Added by Stats. 1979, Ch. 950.)
54953.2. All meetings of a legislative body of a local agency that are open and public shall meet the protections and
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prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the
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federal rules and regulations adopted in implementation thereof.
(Added by Stats. 2002, Ch. 300, Sec. 5. Effective January 1, 2003.)
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54953.3. A member of the public shall not be required, as a condition to attendance at a meeting of a legislative ••
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body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or
otherwise to fulfill any condition precedent to his or her attendance.
If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the ••
room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state •
clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend
the meeting regardless of whether a person signs, registers, or completes the document.
(Amended by Stats. 1981, Ch. 968, Sec. 28.) ••
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54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the •
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right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of •
a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, ••
illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. •
(b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of
the local agency shall be subject to inspection pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or
destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without
charge on equipment made available by the local agency.
(Amended by Stats. 2009, Ch. 88, Sec. 57. (AB 176)Effective January 1,2010.) •
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• 54953.6. No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and
public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise,
illumination, or obstruction of view that would constitute a persistent disruption of the proceedings.
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(Amended by Stats. 1994, Ch. 32, Sec. 6. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.)
54953.7. Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements
upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in
• this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on
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those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or
under the authority of the elected legislative body. •
(Added by Stats. 1981, Ch. 968, Sec. 29.)
54954. (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall
provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that
body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees,
for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section
54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body.
(b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over
which the local agency exercises jurisdiction, except to do any of the following: •
(1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the
local agency is a party.
(2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory
over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly
related to the real or personal property.
(3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local
agency's jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within
the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for
in this chapter.
(4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the
territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office
is located outside the territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of •
California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the
local agency and over which the federal or state officials have jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency,
provided that the topic of the meeting is limited to items directly related to the facility.
(7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to
Section 54956.9, when to do so would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be held within the district, except under the
circumstances enumerated in subdivision (b), or to do any of the following:
(1) Attend a conference on nonadversarial collective bargaining techniques.
(2) Interview members of the public residing in another district with reference to the trustees' potential
employment of an applicant for the position of the superintendent of the district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as
provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet
at any facility in the state which complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated,
the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the
legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section
54956, by the most rapid means of communication available at the time.
(Amended by Stats. 2004, Ch. 257, Sec. 1. Effective January 1, 2005.)
54954.1. Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda 'f
packet, of any meeting of a legislative body be mailed to that person. If requested, the agenda and documents in
the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as
required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules
and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its •
designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section •
54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever
occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in
which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for
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mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the
requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for
invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was
not received. •
(Amended by Stats. 2002, Ch. 300, Sec. 6. Effective January 1, 2003.)
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54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee,
• shall post an agenda containing a brief general description of each item of business to be transacted or discussed at
the meeting, including items to be discussed in closed session. A brief general description of an item generally need
not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a
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location that is freely accessible to members of the public and on the local agency's Internet Web site, if the local •
agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons
with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
and the federal rules and regulations adopted in implementation thereof. The agenda shall include information
• regarding how, to whom, and when a request for disability-related modification or accommodation, including
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auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation
in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county,
special district, school district, or political subdivision established by the state that has an Internet Web site, the
following provisions shall apply:
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(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county,
•• city and county, special district, school district, or political subdivision established by the state that is accessible
through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual
menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda
management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search
applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution
of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision
established by the state that has an Internet Web site and an integrated agenda management platform shall not be
required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site
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homepage of a city, county, city and county, special district, school district, or political subdivision established by
• the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a
• person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person
directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special
district, school district, or political subdivision established by the state.
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(ii)The integrated agenda management platform may contain the prior agendas of a legislative body of a city,
• county, city and county, special district, school district, or political subdivision established by the state for all
meetings occurring on or after January 1, 2019.
(iii)The current agenda of the legislative body of a city, county, city and county, special district, school district, or
political subdivision established by the state shall be the first agenda available at the top of the integrated agenda
management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in
clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i)"Integrated agenda management platform"means an Internet Web site of a city, county, city and county,
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special district, school district, or political subdivision established by the state dedicated to providing the entirety of
the agenda information for the legislative body of the city, county, city and county, special district, school district, •
or political subdivision established by the state to the public. •
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(ii)"Legislative body"has the same meaning as that term is used in subdivision (a) of Section 54952.
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(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established
by the legislative body of the city, county, city and county, special district, school district, or political subdivision
established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that
members of a legislative body or its staff may briefly respond to statements made or questions posed by persons
exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to
questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make
a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative
body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or
other resources for factual information, request staff to report back to the body at a subsequent meeting
concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the
posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision,
the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined
in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if
less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need
to take immediate action and that the need for action came to the attention of the local agency subsequent to the
agenda being posted as specified in subdivision (a).
(3)The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more
than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was
continued to the meeting at which action is being taken.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of
Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web
site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative
body are compensated for their appearance, and if one or more of the members of the legislative body are also
members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(Amended by Stats. 2016, Ch. 265, Sec. 1. (AB 2257)Effective January 1, 2017.)
54954.3. (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly
address the legislative body on any item of interest to the public, before or during the legislative body's
consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no
action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the
public to address the legislative body on any item that has already been considered by a committee, composed
exclusively of members of the legislative body, at a public meeting wherein all interested members of the public
were afforded the opportunity to address the committee on the item, before or during the committee's
consideration of the item, unless the item has been substantially changed since the committee heard the item, as
determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of
the public to directly address the legislative body concerning any item that has been described in the notice for the
meeting before or during consideration of that item.
(b) (1)The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of
subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated
for public testimony on particular issues and for each individual speaker. •
(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the
legislative body of a local agency shall provide at least twice the allotted time to a member of the public who
utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the
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legislative body of a local agency.
(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation •
equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony •
simultaneously. •
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(c)The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer
any privilege or protection for expression beyond that otherwise provided by law. •
(Amended by Stats. 2016, Ch. 507, Sec. 1. (AB 1787)Effective January 1, 2017.)
54954.4. (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986,
•
authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that
act, shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs
which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of •
•
the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing ••
claims for reimbursement, or otherwise participating in the reimbursement process, to rigorously review each claim
and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally •
• incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which •
complete documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only •
include the actual cost to post a single agenda for any one meeting.
(c)The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph
M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government •
Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related
•
• budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal
obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete,
faithful, and uninterrupted manner.
(Added by Stats. 1991, Ch. 238, Sec. 1.) •
•
54954.5. For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe
closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or
54956 if the closed session items were described in substantial compliance with this section. Substantial compliance
• is satisfied by including the information provided below, irrespective of its format.
•
(a) With respect to a closed session held pursuant to Section 54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real
property under negotiation)•
•
• Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the
absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as
•
•
the name of the agent or designee is announced at an open session held prior to the closed session.)
•
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both)
•
• (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9:
•
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement
negotiations)
I I
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
E I
Significant exposure to litigation pursuant to paragraph (2) or(3) of subdivision (d) of Section 54956.9: (Specify
number of potential cases)
(In addition to the information noticed above, the agency may be required to provide additional information on the
agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive, of
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subdivision (e) of Section 54956.9.) •
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential
•
•
cases) •
• (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section 54961)
Agency claimed against: (Specify name)
•
• (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957:
•
THREAT TO PUBLIC SERVICES OR FACILITIES
•
Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency
• representative and title)
•
PUBLIC EMPLOYEE APPOINTMENT
•
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
•
• Title: (Specify description of position to be filled)
• PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed session to consider discipline, dismissal, or
release of a public employee. Discipline includes potential reduction of compensation.)
•
(f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
•
• Agency designated representatives: (Specify names of designated representatives attending the closed session) (If
circumstances necessitate the absence of a specified designated representative, an agent or designee may
participate in place of the absent representative so long as the name of the agent or designee is announced at an
open session held prior to the closed session.)
Employee organization: (Specify name of organization representing employee or employees in question)
Or
I !
Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section 54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed session to consider case review or planning.)
(h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code:
• REPORT INVOLVING TRADE SECRET
•
• Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility)
•
Estimated date of public disclosure: (Specify month and year)
HEARINGS
•
•
• Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit
•
•
•
committee, or report of quality assurance committee)
[ I
(i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86:
CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW
(No additional information is required in connection with a closed session to discuss a charge or complaint pursuant
to Section 54956.86.)
•
(j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96:
•
•
CONFERENCE INVOLVING A JOINT POWERS AGENCY(Specify by name)
•
Discussion will concern: (Specify closed session description used by the joint powers agency)
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Name of local agency representative on joint powers agency board: (Specify name)
(Additional information listing the names of agencies or titles of representatives attending the closed session as
consultants or other representatives.) •
•
(k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75:
•
•
AUDIT BY CALIFORNIA STATE AUDITOR'S OFFICE •
• (Amended by Stats. 2012, Ch. 759, Sec. 6.1. (AB 2690)Effective January 1, 2013.) •
54954.6. (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the
legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public
testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the
noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment.
• For purposes of this section, the term"new or increased assessment"does not include any of the following:
(A) A fee that does not exceed the reasonable cost of providing the services, facilities, or regulatory activity for
which the fee is charged. ••
•
(B) A service charge, rate, or charge, unless a special district's principal act requires the service charge, rate, or
charge to conform to the requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year.
(D) An assessment that does not exceed an assessment formula or range of assessments previously specified in
• the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was
•
previously adopted by the agency or approved by the voters in the area where the assessment is imposed.
•
(E) Standby or immediate availability charges.
(2)The legislative body shall provide at least 45 days'public notice of the public hearing at which the legislative
body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the
•
public meeting at the same time and in the same document as the notice for the public hearing, but the meeting
• shall occur prior to the hearing.
•
(b) (1)The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to
a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least
one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class
mailing to those interested parties who have filed a written request with the local agency for mailed notice of public
meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take
place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public
hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision.
Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting
after the meeting has taken place.The public hearing pursuant to subdivision (a) shall take place no earlier than 45
days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed
notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal
requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a
reasonable annual charge for sending notices based on the estimated cost of providing the service.
(2)The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:
(A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice
shall separately state both the existing tax rate and the proposed tax rate increase.
•
• (B)The activity to be taxed.
(C)The estimated amount of revenue to be raised by the tax annually.
(D)The method and frequency for collecting the tax.
•
•
(E)The dates, times, and locations of the public meeting and hearing described in subdivision (a).
(F)The telephone number and address of an individual, office, or organization that interested persons may contact
to receive additional information about the tax.
(c) (1)The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to
a proposal for a new or increased assessment on real property or businesses shall be accomplished through a
mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public
meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this
subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this
subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return
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address of the sender. This mailed notice shall be in at least 10-point type and shall be given to all property owners
or business owners proposed to be subject to the new or increased assessment by a mailing by name to those
persons whose names and addresses appear on the last equalized county assessment roll, the State Board of
Equalization assessment roll, or the local agency's records pertaining to business ownership, as the case may be.
(2)The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:
(A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per
parcel. In the case of an assessment proposed to be levied on businesses, the proposed method and basis of
levying the assessment in sufficient detail to allow each business owner to calculate the amount of assessment to
be levied against each business. If the assessment is proposed to be increased from any previous year, the joint
notice shall separately state both the amount of the existing assessment and the proposed assessment increase.
(B) A general description of the purpose or improvements that the assessment will fund.
(C)The address to which property owners may mail a protest against the assessment.
• (D)The telephone number and address of an individual, office, or organization that interested persons may contact
to receive additional information about the assessment.
(E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to
levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election, if
applicable.
(F) The dates, times, and locations of the public meeting and hearing described in subdivision (a).
(G) A proposed assessment formula or range as described in subparagraph (D) of paragraph (1) of subdivision (a)
if applicable and that is noticed pursuant to this section.
(3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and
maintenance expenses imposed throughout the entire local agency, or exclusively for operation and maintenance
assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision
or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of
• various types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive, of
• paragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2
(commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, •
•
regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing
•
with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of,
• the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b).
(d)The notice requirements imposed by this section shall be construed as additional to, and not to supersede,
existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or
• prolong the governmental decisionmaking process.
(e)This section shall not apply to any new or increased general tax or any new or increased assessment that
requires an election of either of the following:
•
(1)The property owners subject to the assessment.
•
(2)The voters within the local agency imposing the tax or assessment. •
(f) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the
legislative body discusses multiple tax or assessment proposals.
(g)The local agency may recover the reasonable costs of public meetings, public hearings, and notice required by
this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether
recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the
public meetings, public hearings, and notice.
(h) Any new or increased assessment that is subject to the notice and hearing provisions of Article XIII C or XIII D
of the California Constitution is not subject to the notice and hearing requirements of this section• .
(Amended by Stats. 2011, Ch. 382, Sec. 3.5. (SB 194)Effective January 1, 2012.)
54955. The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned
special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn
from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary
of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written •
notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, •
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unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be
conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned
special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular
•
meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for •
•
• all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting
is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other
•
•
rule.
• (Amended by Stats. 1959, Ch. 647.)
54955.1. Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any
• meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the
•
• legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of ••
meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the
order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately
following the meeting at which the order or declaration of continuance was adopted or made.
(Added by Stats. 1965, Ch. 469.)
54956. (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local
agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the
legislative body and to each local newspaper of general circulation and radio or television station requesting notice
•
in writing and posting a notice on the local agency's Internet Web site, if the local agency has one. The notice shall
•
be delivered personally or by any other means and shall be received at least 24 hours before the time of the
meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted or discussed. No other business shall be considered at these meetings by the
legislative body. The written notice may be dispensed with as to any member who at or prior to the time the
meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may
be given by telegram. The written notice may also be dispensed with as to any member who is actually present at
the meeting at the time it convenes.
The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely
accessible to members of the public.
(b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary
schedules, or compensation paid in the form of fringe benefits, of a local agency executive, as defined in
subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special
meeting to discuss the local agency's budget.
(c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web
site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative
f i
body are compensated for their appearance, and if one or more of the members of the legislative body are also
members of a legislative body as that term is defined by subdivision (a) of Section 54952.
(Amended by Stats. 2011, Ch. 692, Sec. 9. (AB 1344)Effective January 1, 2012.)
54956_5. (a) For purposes of this section, "emergency situation"means both of the following:
(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely
impairs public health, safety, or both, as determined by a majority of the members of the legislative body.
(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened •••
terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour
° notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as
determined by a majority of the members of the legislative body.
(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an
emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting
requirement of Section 54956 or both of the notice and posting requirements.
(2) Each local newspaper of general circulation and radio or television station that has requested notice of special
meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee
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thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the
•
presiding officer or designee notifies the members of the legislative body of the emergency meeting. This notice
•
shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or ••
station for notification of special meetings shall be exhausted. In the event that telephone services are not
functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee
of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding
of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the
meeting as possible.
•
•
• (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to
Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-
thirds of the members are present, by a unanimous vote of the members present.
•
•
•
(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called ••
•
•
pursuant to this section, with the exception of the 24-hour notice requirement.
•
(e)The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the
legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and
any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the •
meeting as possible.
•
(Amended by Stats. 2002, Ch. 175, Sec. 2. Effective January 1, 2003.)
•
54956.6. No fees may be charged by the legislative body of a local agency for carrying out any provision of this
chapter, except as specifically authorized by this chapter.
(Added by Stats. 1980, Ch. 1284.)
54956.7. Whenever a legislative body of a local agency determines that it is necessary to discuss and determine
whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to
obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if
any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as
a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be
offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be
kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall
be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the
public meeting during which the closed session is held or at its next public meeting denying the application for the
license but all matters relating to the closed session are confidential and shall not be disclosed without the consent
of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the
license.
• (Added by Stats. 1982, Ch. 298, Sec. 1.)
54956.75.
(a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency
that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions
to discuss its response to that report.
(b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency
meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some
other provision of law.
(Added by Stats. 2004, Ch. 576, Sec. 4. Effective January 1, 2005.)
54956.8. Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed
session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency
to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or
lease.
• However, prior to the closed session, the legislative body of the local agency shall hold an open and public session
in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and
•
• the person or persons with whom its negotiators may negotiate.
For purposes of this section, negotiators may be members of the legislative body of the local agency.
For purposes of this section, "lease"includes renewal or renegotiation of a lease.
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Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent
domain proceedings pursuant to Section 54956.9.
•
(Amended by Stats. 1998, Ch. 260, Sec. 3. Effective January 1, 1999.)
54956.81. Notwithstanding any other provision of this chapter, a legislative body of 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 shall be made by rollcall vote
entered into the minutes of the closed session as provided in subdivision (a) of Section 54957.2.
(Added by Stats. 2004, Ch. 533, Sec. 20. Effective January 1, 2005.)
•
54956.86. Notwithstanding any other provision of this chapter, a legislative body of a local agency which provides ••
services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a 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. Prior to holding a
closed session pursuant to this section, the legislative body shall inform the member, in writing, of his or her right
to have the charge or complaint heard in an open session rather than a closed session.
(Added by Stats. 1996, Ch. 182, Sec. 2. Effective January 1, 1997.)
54956.87. (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed
• pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of
Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper
• records, records maintained in the management information system, or records in any other form, that relate to
provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas
or calculations for these payments, and contract negotiations with providers of health care for alternative rates are
exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the •
records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute
a waiver of exemption from disclosure, and the records and information once transmitted to the board of
supervisors shall be subject to this same exemption.
(b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to •
•
the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 ••
•
• of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting
•
held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f),
shall be held in closed session. The requirements of making a public report of action taken in closed session, and
the vote or abstention of every member present, may be limited to a brief general description without the
• information constituting the trade secret.
•
(c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to ••
•
• consider and take action on matters pertaining to contracts and contract negotiations by the health plan with
providers of health care services concerning all matters related to rates of payment. The governing board may ••
• delete the portion or portions containing trade secrets from any documents that were finally approved in the closed •
session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing •
request. •
(d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as
otherwise provided by law.
(e)The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in
the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division
2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of
• Managed Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter
2.2 of Division 2 of the Health and Safety Code.
(f) For purposes of this section, "health plan trade secret"means a trade secret, as defined in subdivision (d) of
•
•
Section 3426.1 of the Civil Code, that also meets both of the following criteria:
(1)The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing
strategy, business plan, or technology, or to add a benefit or product.
(2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a
substantial economic benefit or opportunity.
(Amended by Stats. 2015, Ch. 190, Sec. 65. (AB 1517)Effective January 1, 2016.)
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54956.9. (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on
advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel
regarding pending litigation when discussion in open session concerning those matters would prejudice the position
of the local agency in the litigation.
•
(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this
section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of •
conducting closed-session meetings pursuant to this chapter.
(c) For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before
• a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. •
•
(d) For purposes of this section, litigation shall be considered pending when any of the following circumstances
exist:
(1) Litigation, to which the local agency is a party, has been initiated formally.
•
•
• (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its
• legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the
local agency.
(3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide
whether a closed session is authorized pursuant to paragraph (2).
(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is
• deciding whether to initiate litigation.
(e) For purposes of paragraphs (2) and (3) of subdivision (d),"existing facts and circumstances"shall consist only
of one of the following:
(1) Facts and circumstances that might result in litigation against the local agency but which the local agency
believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.
(2) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional
occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs,
which facts or circumstances shall be publicly stated on the agenda or announced.
(3)The receipt of a claim pursuant to the Government Claims Act(Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening
• litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.
••
•
(4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within
the responsibility of the legislative body.
(5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter
within the responsibility of the legislative body so long as the official or employee of the local agency receiving
knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which
record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify
the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a
• public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation
is based, unless the identity of the person has been publicly disclosed.
(f) Nothing in this section shall require disclosure of written communications that are privileged and not subject to
• disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1).
•
(g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on
•
the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session
is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to
effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to
• conclude existing settlement negotiations to its advantage.
•
•
(h) A local agency shall be considered to be a"party"or to have a "significant exposure to litigation"if an officer or
employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective•
activities or alleged activities during the course and scope of that office or employment, including litigation in which
it is an issue whether an activity is outside the course and scope of the office or employment.
• (Amended by Stats. 2012, Ch. 759, Sec. 7. (AB 2690)Effective January 1,2013.)
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54956.95. (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article
1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local
agency member of the joint powers agency, from holding a closed session to discuss a claim for the payment of tort
liability losses, public liability losses, or workers'compensation liability incurred by the joint powers agency or a
local agency member of the joint powers agency.
•
(b) Nothing in this chapter shall be construed to prevent the Local Agency Self-Insurance Authority formed
pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of
the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability
•
losses, or workers'compensation liability incurred by the authority or a local agency member of the authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency. •
•
• (Added by Stats. 1989, Ch. 882, Sec. 3.) •
54956.96. (a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a
policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:
•
• (1) All information received by the legislative body of the local agency member in a closed session related to the
•
• information presented to the joint powers agency in closed session shall be confidential. However, a member of the •
legislative body of a member local agency may disclose information obtained in a closed session that has direct •
financial or liability implications for that local agency to the following individuals: •
(A) Legal counsel of that member local agency for purposes of obtaining advice on whether the matter has direct
financial or liability implications for that member local agency.
(B) Other members of the legislative body of the local agency present in a closed session of that member local
agency. •
(2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of
•
•
the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers
agency in lieu of a local agency member's regularly appointed member to attend closed sessions of the joint powers
agency. •
•
(b) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint •
powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the •
advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning
information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a).
•
•
(Added by Stats. 2004, Ch. 784, Sec. 2. Effective January 1,2005.)
•
•
54957. (a)This chapter shall not be construed to prevent the legislative body of a local agency from holding closed
sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their
respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the
•
security of public buildings, a threat to the security of essential public services, including water, drinking water, •
•
•
•
wastewater treatment, natural gas service, and electric service, or a threat to the public's right of access to public
• services or public facilities.
(b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local •
•
agency from holding closed sessions during a regular or special meeting 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 by another person or employee unless the employee requests a public session.
(2) As a condition to holding a closed session on specific complaints or charges brought against an employee by
another person or employee, the employee shall be given written notice of his or her right to have the complaints
• or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee
•
•
personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any
disciplinary or other action taken by the legislative body against the employee based on the specific complaints or
• charges in the closed session shall be null and void.
(3)The legislative body also may exclude from the public or closed meeting, during the examination of a witness,
•
•
••
any or all other witnesses in the matter being investigated by the legislative body.
•
(4) For the purposes of this subdivision, the term"employee"shall include an officer or an independent contractor
•
• who functions as an officer or an employee but shall not include any elected official, member of a legislative body
or other independent contractors. This subdivision shall not limit local officials'ability to hold closed session ••
• meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and ••
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37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or
action on proposed compensation except for a reduction of compensation that results from the imposition of
discipline.
(Amended by Stats. 2013, Ch. 11, Sec. 1. (AB 246)Effective January 1, 2014.)
•
54957.1. (a) The legislative body of any local agency shall publicly report any action taken in closed session and the
vote or abstention on that action of every member present, as follows:
(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported
after the agreement is final, as follows:
(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the
agreement in open session at the public meeting during which the closed session is held.
(B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that
approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent
has informed the local agency of its approval.
(2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to
enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be
reported in open session at the public meeting during which the closed session is held. The report shall identify, if
known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or
intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but
shall specify that the direction to initiate or intervene in an action has been given and that the action, the
• defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry,
•
unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved
parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
•
• (3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any
stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as
•
•
follows:
•
(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its
acceptance and identify the substance of the agreement in open session at the public meeting during which the
closed session is held.
(B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement
•
• becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and
identify the substance of the agreement.
(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as
•
soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed
against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the
claimant.
(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status
of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during
which the closed session is held. Any report required by this paragraph shall identify the title of the position. The
general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an
employment contract shall be deferred until the first public meeting following the exhaustion of administrative
remedies, if any.
•
•
(6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section
• 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party.The
• report shall identify the item approved and the other party or parties to the negotiation.
•
(7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first
•
•
open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer •
of pension fund assets for the investment transaction. ••
• (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative
body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the
posting of the agenda, or to any person who has made a standing request for all documentation as part of a
request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the
closed session ends, copies of any contracts, settlement agreements, or other documents that were finally
approved or adopted in the closed session. If the action taken results in one or more substantive amendments to
•
• the related documents requiring retyping, the documents need not be released until the retyping is completed
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during normal business hours, provided that the presiding officer of the legislative body or his or her designee
orally summarizes the substance of the amendments for the benefit of the document requester or any other person •
•
present and requesting the information.
(c) The documentation referred to in subdivision (b) shall be available to any person on the next business day
•
•
•
following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any
necessary retyping is complete.
•
(d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise
• subject to legislative body approval.
(e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of
any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to•
comply with this section.
(f)This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of
Section 3 of Article I of the California Constitution.
•
(Amended by Stats. 2006, Ch. 538, Sec. 311. Effective January 1, 2007.)
••
• 54957.2. (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other
officer or employee of the local agency who shall then attend each closed session of the legislative body and keep
and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made
pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept confidential. The minute
book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have
occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may,
•
• but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose
•
members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed
under subdivision (a).
(Amended by Stats. 1981, Ch. 968, Sec. 31.)
•• 54957.5. (a) Notwithstanding Section 6255 or any other law, agendas of public meetings and any other writings,
when distributed to all, or a majority of all, of the members of a legislative body of a local agency by any person in
connection with a matter subject to discussion or consideration at an open meeting of the body, are disclosable •
•
public records under the California Public Records Act(Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1), and shall be made available upon request without delay. However, this section shall not include any writing •
exempt from public disclosure under Section 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, 6254.22, or
6254.26.
(b) (1) If a writing that is a public record under subdivision (a), and that relates to an agenda item for an open
session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that
meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing
•
• is distributed to all, or a majority of all, of the members of the body.
•
•
(2) A local agency shall make any writing described in paragraph (1) available for public inspection at a public
office or location that the agency shall designate for this purpose. Each local agency shall list the address of this
• office or location on the agendas for all meetings of the legislative body of that agency. The local agency also may
• post the writing on the local agency's Internet Web site in a position and manner that makes it clear that the
writing relates to an agenda item for an upcoming meeting.
(3) This subdivision shall become operative on July 1, 2008.
(c) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be
• made available for public inspection at the meeting if prepared by the local agency or a member of its legislative
body, or after the meeting if prepared by some other person.These writings shall be made available in appropriate
alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation
•
•
•
thereof.
(d)This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or
deposit for a copy of a public record pursuant to Section 6253, except that a surcharge shall not be imposed on
persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
•
12132), and the federal rules and regulations adopted in implementation thereof.
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(e)This section shall not be construed to limit or delay the public's right to inspect or obtain a copy of any record
required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1).This chapter shall not be construed to require a legislative body of a
•
• local agency to place any paid advertisement or any other paid notice in any publication.
(Amended by Stats. 2013, Ch. 326, Sec. 1. (AB 382)Effective January 1, 2014.)
• 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed •
sessions with the local agency's designated representatives regarding the salaries, salary schedules, or ••
•
compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for
represented employees, any other matter within the statutorily provided scope of representation.
However, prior to the closed session, the legislative body of the local agency shall hold an open and public session ••
•
in which it identifies its designated representatives. •
Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of ••
reviewing its position and instructing the local agency's designated representatives.
•
•
•
Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with
•
representatives of employee organizations and unrepresented employees.
Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or
• compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding
priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated
representative.
• Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or
more unrepresented employees. •
For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state •
conciliator who has intervened in the proceedings.
(b) For the purposes of this section, the term "employee"shall include an officer or an independent contractor who ••
functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or •
other independent contractors.
(Amended by Stats. 1998, Ch. 260, Sec. 5. Effective January 1, 1999.) •
54957.7. (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open
meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference
to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative
body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a •
disclosure of information prohibited by state or federal law.
•
(b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall
make any disclosures required by Section 54957.1 of action taken in the closed session.
(c) The announcements required to be made in open session pursuant to this section may be made at the location
announced in the agenda for the closed session, as long as the public is allowed to be present at that location for ••
•
• the purpose of hearing the announcements. •
•
(Amended by Stats. 1993, Ch. 1137, Sec. 15. Effective January 1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
•
54957.8. (a) For purposes of this section, "multijurisdictional law enforcement agency"means a joint powers entity
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law
enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity
involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology,
computer, or identity theft; human trafficking; or vehicle theft.
(b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law
enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed
• sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement
agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation,
and to discuss courses of action in particular cases.
(Amended by Stats. 2006, Ch. 427, Sec. 1. Effective September 22, 2006.)
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54957.9. In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the
orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are
willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the
•
• meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a
session. Representatives of the press or other news media, except those participating in the disturbance, shall be
• allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body
from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the
orderly conduct of the meeting.
• (Amended by Stats. 1981, Ch. 968, Sec. 34.)
•
•
54957.10. Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions •
•
to discuss a local agency employee's application for early withdrawal of funds in a deferred compensation plan •
when the application is based on financial hardship arising from an unforeseeable emergency due to illness,
accident, casualty, or other extraordinary event, as specified in the deferred compensation plan.
(Added by Stats. 2001, Ch. 45, Sec. 1. Effective January 1, 2002.)
•
54958. The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the •
conflicting provisions of any other state law.
•
(Added by Stats. 1953, Ch. 1588.) •
• 54959. Each member of a legislative body who attends a meeting of that legislative body where action is taken in ••
•
violation of any provision of this chapter, and where the member intends to deprive the public of information to
which the member knows or has reason to know the public is entitled under this chapter, is guilty of a
•
• misdemeanor.
(Amended by Stats. 1994, Ch. 32, Sec. 18. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.)
54960. (a) The district attorney or any interested person may commence an action by mandamus, injunction, or
•
declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by
•
members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing
actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past •
actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the
•
•
legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid
• under the laws of this state or of the United States, or to compel the legislative body to audio record its closed
•
• sessions as hereinafter provided. ••
• (b)The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, •
54956.95, 54957, or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio
recordings for the period and under the terms of security and confidentiality the court deems appropriate.
•
•
•
• (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the
•
title of the clerk or other officer who shall be custodian of the recording.
(2)The audio recordings shall be subject to the following discovery procedures:
(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or
the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter
•
has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or
disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency
•
that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section
• 1005 of the Code of Civil Procedure.
•
• (B)The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of •
the following:
(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or
disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control •
•
of the recording. •
• (ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session.
(3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has •
occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have
violated the act. ••
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(4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be
likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its
discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding.
(5)This section shall not permit discovery of communications that are protected by the attorney-client privilege.
•
(Amended by Stats. 2012, Ch. 732, Sec. 1. (SB 1003)Effective January 1, 2013.)
•
•
•
•
• 54960.1. (a)The district attorney or any interested person may commence an action by mandamus or injunction for
the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in
violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 is null and void under this section.
Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
•
(b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall
• make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of
Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5.The demand shall be in writing and clearly
describe the challenged action of the legislative body and nature of the alleged violation.
•
(c) (1)The written demand shall be made within 90 days from the date the action was taken unless the action was
taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made
within 30 days from the date the action was taken. •
(2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and
inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of
its decision not to cure or correct the challenged action.
•
(3) If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to
cure or correct the challenged action, and the 15-day period to commence the action described in subdivision (a)
shall commence to run the day after the 30-day period to cure or correct expires.
(4) Within 15 days of receipt of the written notice of the legislative body's decision to cure or correct, or not to cure ••
or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the
•
demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from •
commencing the action.
(d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6,
54956, or 54956.5 shall not be determined to be null and void if any of the following conditions exist:
(1)The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956, and
54956.5.
(2)The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of
indebtedness or any contract, instrument, or agreement thereto.
(3)The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than •
compensation for services in the form of salary or fees for professional services, upon which a party has, in good •
faith and without notice of a challenge to the validity of the action, detrimentally relied.
(4)The action taken was in connection with the collection of any tax. •
(5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging
noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect, •
error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of •
business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant
to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed
pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to •
Section 54956.5.
(e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant
to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, •
54954.2, 54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the
•
legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice.
(f)The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this •
section shall not be construed or admissible as evidence of a violation of this chapter. •
(Amended by Stats. 2002, Ch. 454, Sec. 23. Effective January 1, 2003.)
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54960.2. (a)The district attorney or any interested person may file an action to determine the applicability of this
chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the •
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following conditions are met:
(1)The district attorney or interested person alleging a violation of this chapter first submits a cease and desist •
letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the
violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if
the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of
that agency, clearly describing the past action of the legislative body and nature of the alleged violation.
(2)The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine
months of the alleged violation.
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• (3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision
• (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c).
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(4) Within 60 days of receipt of the legislative body's response to the cease and desist letter, other than an •
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unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which
the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the
party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960
or thereafter be barred from commencing the action.
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(b)The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 •
days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing
an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except •
that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action
brought pursuant to this section, in accordance with Section 54960.5.
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(c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to
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cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in
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• substantially the following form:
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To •
•• The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following
• described past action of the legislative body violates the Ralph M. Brown Act:•
[Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)]
In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name
of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged
past action as described above.
The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in
open session at a regular meeting and noticed on its posted agenda as"Rescission of Brown Act Commitment."You
will be provided with written notice, sent by any means or media you provide in response to this message, to
whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30
days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to
commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be
delivered to you by the same means as this commitment, or may be mailed to an address that you have designated
in writing.
Very truly yours,
[Chairperson or acting chairperson of the legislative body]
(2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open
session at a regular or special meeting as a separate item of business, and not on its consent agenda.
(3) An action shall not be commenced to determine the applicability of this chapter to any past action of the
legislative body for which the legislative body has provided an unconditional commitment pursuant to this
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subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any
past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has
• provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice.
• Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any
interested person to commence an action to determine the applicability of this chapter to ongoing actions or
threatened future actions of the legislative body.
(4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment
shall not be construed or admissible as evidence of a violation of this chapter. •
(d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body
shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as
provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter,
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• without regard to whether the challenged action would otherwise violate this chapter. An action alleging past
violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section
54960, without regard to the procedural requirements of this section. ••
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(e)The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a
majority vote of its membership taken in open session at a regular meeting as a separate item of business not on
its consent agenda, and noticed on its posted agenda as"Rescission of Brown Act Commitment,"provided that not
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less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider •
the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon
rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of
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Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960,
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without regard to the procedural requirements of this section.
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(Added try Stats. 2012, Ch. 732, Sec. 2. (S8 1003)Effective January 1, 2013.)•
54960.5. A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant
• to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the local agency has violated this
chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a
legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that
section at any time after the 30-day period for making such a commitment has expired, the court shall award court
costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the
unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal
liability of any public officer or employee of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to
Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court
finds that the action was clearly frivolous and totally lacking in merit.
(Amended by Stats. 2012, Ch. 732, Sec. 3. (S8 1003)Effective January 1, 2013.)
54961. (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the
admittance of any person, or persons, on the basis of ancestry or any characteristic listed or defined in Section
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11135, or which is inaccessible to disabled persons, or where members of the public may not be present without
making a payment or purchase. This section shall apply to every local agency as defined in Section 54951.
(b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged
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• victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed.
(Amended by Stats. 2007, Ch. 568, Sec. 35. Effective January 1,2008.)
•• 54962. Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106, and 32155 of the Health
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and Safety Code, or by Sections 37606, 37606.1, and 37624.3 of the Government Code as they apply to hospitals, •
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or by any provision of the Education Code pertaining to school districts and community college districts, no closed ••
session may be held by any legislative body of any local agency.
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(Amended by Stats. 2006, Ch. 157, Sec. 2. Effective January 1, 2007.)
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54963. (a) A person may not disclose confidential information that has been acquired by being present in a closed •
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session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8, or •
• 54957.10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential
information.
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(b) For purposes of this section,"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 under
this chapter.
(c)Violation of this section may be addressed by the use of such remedies as are currently available by law,
including, but not limited to:
(1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section.
(2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this
section.
(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this
section to the grandjury.
(d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has
either received training as to the requirements of this section or otherwise has been given notice of the
requirements of this section.
(e)A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a
violation of this section, for doing any of the following:
(1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of
law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an
action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject
of deliberation at a closed session if that action were to be taken by a legislative body of a local agency.
(2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local
agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action.
(3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential
information.
(f) Nothing in this section shall be construed to prohibit disclosures under the whistleblower statutes contained in
Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code.
(Added by Stats. 2002, Ch. 1119, Sec. 1. Effective January 1, 2003.)
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