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Agendas must describe the matters to be discussed in closed session. The Brown Act
contains suggested “safe harbor” language for closed session items. Substantial
compliance with the suggested statutory format creates a “safe harbor” against
challenges to the adequacy of the agenda.

Before adjourning to closed session, the agency must announce in open session the
items to be discussed. The disclosure may be oral or may be a simple reference to the
agenda item number or letter.

Primary Types of Closed Sessions
Common closed session topics include personnel matters, litigation, and collective
bargaining. Closed sessions are allowed:

 To Instruct Negotiators on Real Property Transactions: For lease, purchase, sale, or
exchange of real property.

 To Instruct Labor Negotiators: Closed sessions are permitted to instruct
negotiators who are meeting and conferring with represented or unrepresented
employees. (Under the Educational Employment Relations Act, negotiations
between public school employers and employee organizations are exempt from
the Brown Act, so many activities related to collective bargaining fall outside these
rules.)

 To Discuss “Pending Litigation” With Agency Attorneys: An agency may confer
with or receive advice from legal counsel regarding pending litigation, arbitration,
or other adjudicatory proceedings. This includes when (1) litigation has
commenced, (2) there is significant exposure to litigation, (3) the agency is meeting
to decide whether there is significant exposure to litigation, or (4) the legislative
body is deciding whether to initiate litigation.

 To Consider the Appointment, Employment, Evaluation, Discipline, or Dismissal of
a Public Employee: This is sometimes referred to as the “personnel exception.”
The “employees” covered do not include elected officials or members of the
legislative body. Personnel matters discussed must relate to specific individuals.
Broad-based reviews of employee classifications or duties must generally be held
in open session. The legislative body may not discuss or take action on proposed
compensation except for a disciplinary reduction of compensation or as otherwise
permitted in connection with labor negotiations.

 Employee Complaints or Charges: Before holding a closed session to hear
complaints or charges brought against an employee, the employee must be
delivered written notice at least 24 hours before the meeting of his or her right to
have the complaints or charges heard in open session. Failure to deliver the notice
renders any action “null and void.” This rule does not apply to employee

Guide to Effective Governance 9