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/-~. <br />~~ <br />OFFI~ OF ZHE CITY ATTORNEY <br />'',<: OPINION NO . 7 2-11 <br />"~` APRIL 11, 1972 <br />,~ <br />SUBJECT: Applicability of Brown Act to Appointment of Chairman <br />and Vice Chairman of City Housing Authority. <br />REQUESTED BY: James A. Withers, City Attorney <br />OPINION BY: Charles J. Liberto, Deputy City Attorney <br />QUESTION: May the City Council sitting as the City Housing Authority <br />meet in private to consider the appointment of chairman <br />and vice chairman of the Authority without violating <br />the Brown Act? u <br />ANSWER: Yes. <br />ANALYSIS: <br />Assuming that the Brown Act (Gov Code Sections 54950-54960)is <br />applicable to the Housing Authority of the City of Santa Ana it <br />would not be applicable to the portion of the meeting devoted to <br />the discussion of the appointment of the chairman and vice chairman <br />of the Authority. <br />In City Attorney Opinions 72-5 we find that the City Council <br />could exclude the public from meetings considering the "appoint- <br />ment, employment, or dismissal of a public officer or employee <br />or to hear complaints or charges brought against such officer <br />or employee by another public officer, person, or employee unless <br />such officer or employee requests a public hearing." Gov Code <br />Section 54957. <br />This rule would be equally applicable to the appointment of the <br />chairman or vice chairman of the Housing Authority in that the <br />chairman and vice chairman act in such capacity as public officers <br />in addition to their capacity as commissioners of the City Housing <br />Authority. The chairman must be appointed by the Mayor. Health <br />and Safety Code Section 34277. The B,uthority itself selects the <br />vice chairman from amongst its members. Health and Safety Code <br />34278. <br />Pursuant to City Attorney's Opinion~72-5 the executive session <br />so held would have to be held at a regular or special meeting. If <br />the session is held during a regular meeting notice only need be-given <br />in the normal manner given for regular meetings. It is held <br />during a special meeting that notice must be given for the special <br />.meeting as provided in Section 54956 of the Government Code. Notice <br />in such case would have to be given in writing so that it is in the <br />hands of those entitled to notice 24 hours prior to the time set <br />!~ for the meeting. Mere deposit of the notice in the mail to local <br />newspapers requesting notice is not sufficient unless that notice <br />is actually received within 24 hours prior to the meeting. 53 Atty. <br />Gen. Ops 246, Gov Code Section 54956. <br />14 <br />