APPENDIX
SECTION 54954.2, GOVERNMENT CODE - AGENDA POSTING; ACTION ON OTHER
MATTERS
- 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 location that is freely
accessible to members of the public.
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.
- 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.
- Upon a determination by a majority vote of the legislative body that
an emergency situation exists, as defined in Section 54956.5.
- Upon a determination by a two-thirds vote of the legislative body,
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).
- 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.
SECTION 54954.3, GOVERNMENT CODE - OPPORTUNITY FOR PUBLIC TO
ADDRESS LEGISLATIVE BODY; ADOPTION OF REGULATIONS
- 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.
- 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.
- 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.
SECTION 54954.5, GOVERNMENT CODE - CLOSED SESSION AGENDA
DESCRIPTIONS
For purposes of describing closed session items pursuant to Section
54954.2, the agency 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.
- With respect to a closed session held pursuant to Section
54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify
number of applicants)
- With respect to every item of business to be discussed in closed
session held pursuant to Section 54956.8:
CONFERENCE WITH REAL
PROPERTY NEGOTIATOR
Property: (Specify street address or if no
street address, the parcel number or other unique reference, of the real
property under negotiation) Negotiating parties: (Specify whether
instruction to negotiator will concern price, terms of payment, or both)
- With respect to every item of business to be discussed in closed
session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL
COUNSEL-EXISTING LITIGATION
(Subdivision (a) 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)
CONFERENCE WITH LEGAL
COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation
pursuant to subdivision (b) 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
subparagraphs (B) to (E), inclusive, of paragraph (3) subdivision (b) of
Section 54956.9)
Initiation of litigation pursuant to subdivision (c)
of Section 54956.9: (Specify number of potential cases)
- 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)
- 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)
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.)
- With respect to every item of business to be discussed in closed
session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: (Specify name)
Employee organization: (Specify name of organization representing
employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
- 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.)
- 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)
SECTION 54955, GOVERNMENT CODE - ADJOURNMENT; ADJOURNED
MEETINGS
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, 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 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, by-law,
or other rule.
SECTION 54955.1, GOVERNMENT CODE - CONTINUANCE
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.
SECTION 54956, GOVERNMENT CODE - SPECIAL MEETINGS; CALL; NOTICE
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 personally or by mail
written notice to each member of the legislative body and to each local
newspaper of general circulation, radio or television station requesting
notice in writing. The notice shall be delivered personally or by mail
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.
SECTION 54956.5, GOVERNMENT CODE - EMERGENCY MEETINGS IN EMERGENCY
SITUATIONS
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.
For purposes of this section, "emergency situation" means any of the
following:
- Work stoppage or other activity which severely impairs public health,
safety, or both, as determined by a majority of the members of the
legislative body.
- Crippling disaster which severely impairs public health, safety, or
both, as determined by a majority of the members of the legislative body.
However, each local newspaper of general circulation and radio or
television station which has requested notice of special meetings
pursuant to Section 54956 shall be notified by the presiding officer of
the legislative body, or designee thereof, one hour prior to the
emergency meeting by telephone and all telephone numbers provided in the
most recent request of such 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.
Notwithstanding Section 54957, the legislative body shall not meet in
closed session during a meeting called pursuant to this section.
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.
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.
SECTION 54957, GOVERNMENT CODE - CLOSED SESSIONS; THREAT TO PUBLIC
SERVICES; PERSONNEL MATTERS; EXCLUSION OF WITNESSES
Nothing contained in this chapter shall be construed to prevent the
legislative body of a local agency from holding closed sessions with the
Attorney General, district attorney, sheriff, or chief of police, or
their respective deputies, on matters posing a threat to the security of
public buildings or a threat to the public's right of access to public
services or public facilities, or 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.
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.
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.
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 officials, member of a
legislative body or other independent contractors. Nothing in this
section shall 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 37624.3 of the Government Code. Closed
sessions held pursuant to this section shall not include discussion or
action on proposed compensation except for a reduction of compensation
that results from the imposition of discipline.
SECTION 54957.1, GOVERNMENT CODE - CLOSED SESSIONS; PUBLIC REPORT
OF ACTION TAKEN
- The legislative body of any local agency shall publicly report any
action taken in closed session and the vote or abstention of every member
present thereon, as follows:
- Approval of an agreement concluding real estate negotiations pursuant
to Section 54956.8 shall be reported after the agreement is final, as
specified below:
- 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.
- 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.
- 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.
- 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 specified below:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 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.
- The documentation referred to in paragraph (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.
- Nothing in this section shall be construed to require that the
legislative body approve actions not otherwise subject to legislative
body approval.
- 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.
SECTION 54957.9, GOVERNMENT CODE - DISORDERLY CONDUCT OF GENERAL
PUBLIC DURING MEETING; CLEARING OF ROOM
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.
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