It’s not unusual for a City Council meeting to end with a “closed session”. In a previous post I discussed Council meeting decorum and briefly described why a closed session is necessary.
The Brown Act regulates when, how, where and why meetings can be held. The Brown Act specifically authorizes a City Council to meet in closed session to consider (including taking action on) the appointment, employment, performance evaluation, discipline, complaints about or dismissal of a specific public employee or potential employee and 2) in connection with litigation or the attorney-client privilege.
In the closed session, generally, the only persons who may attend are the members of the City Council and any City staff that is needed to assist the Council in its deliberations. Persons without official roles should not attend.
Closed session discussions are confidential and may not be disclosed by anyone, including Council members, without the formal approval of a majority of the Council (and even then, not in personnel matters).
In order for the Council to meet in closed session, the item(s) must be listed on the agenda, the item(s) that will be discussed in closed session must be announced publicly prior to going into a closed session and after the closed session has been completed, the Council must reconvene in open session, where it may be required to report votes and actions taken in closed session. If a lawsuit or other proceeding (e.g., an arbitration) has been filed, the name of the case must (except in very narrow circumstances) be listed on the agenda or announced.
Under What Circumstances May Closed Sessions Be Held?
Personnel Exception
The Brown Act allows a City Council to meet in closed session to discuss the appointment, employment, evaluation of performance, discipline or dismissal of a public employee. An employee does not include elected officials, independent contractors or a member of a legislative body.
Pending Litigation
A City Council is allowed to meet in closed session with City Attorneys (or with private counsel retained by the City to provide special legal services) to discuss pending litigation when a discussion of the matter in public would prejudice the City. This section is applicable only when (i) litigation has been formally initiated; (ii) the Council is meeting to decide whether to initiate litigation, or (iii) in the opinion of the Council and its attorneys there is a significant exposure to litigation.
Real Estate Negotiations
A City Council may meet in closed session to discuss the purchase, sale, exchange, or lease of real property by or for the local agency. The final price and payment terms must be disclosed when the actual lease or contract is discussed for approval.
Labor Negotiations
A City Council may meet in closed session to instruct its bargaining representatives on employee salaries and fringe benefits.
