CITY COUNCIL DELIBERATE IN CLOSED SESSION WHEN EXERCISING A QUASI-JUDICIAL FUNCTION

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~ ,~ OFFICE. OF THE CITY ATTORNEY OPINION NO. 72-s ~/ DECEMBER 4, 1972 SUBJECT: REQUESTED BY: OPINION BY: James A. Withers, City Attorney 'BY: Richard E. Lay, Deputy City Attorney ISSUE: QUESTION: Can the City Council deliberate in session closed to the public when exercising a quasi-judicial function? ANSWER: No. ~,'' ANALYSIS The Brown Act (Government Code § 54950 et seq.) requires that all meetings of the legislative body of a local agency shall be open and public (§54953). The act expressly applies to a chartered city (§54951). The act does not go so far as to.invalidate actions of a legislative body taken in violation of this requirement, but it does make members of the legislative body who participate in such illegal sessions guilty of a misdemeanor. (§54959). The o=nly statutor_y_.exce~tions to the scope of the public session _._ requirement are (1) matters of national securi~, and (2) the intment or dismissa o~`a $P~° ~,,, ., , _ ~_ _~_,<.., _ Pu~~ic officer or employee. (§54957) . The Attorney General~~Fias also established an excention,~~Q~ ._~l~s- ussion of.current_or_pendinq litigation where public discussion would benefit the City's adgersary. (36 Ops. Cal. Atty. Gen. 175 (1960)). There is no authority for excepting from the scope of the Brown Act actions which might be characterized as "judicial" or "quasi- judicial." The term "legislative body" includes the governing body of a city without any distinction as to the function being performed by that body (§§54951, 54952). The Attorney General is also of the opinion that the Brown Act takes within its scope all "informal" sessions, such as briefing sessions. (42 Ops. Cal. Atty. Gen. 61 (1963)). However, it appears by the terms of the Act, that the punitive provisions do not apply unless some action is taken, in the sense of at least a collective agreement to make a positive or negative decision (§54952.6). 79