BROWN ACT: COUNCIL DISCUSSION IN EXECUTIVE SESSION OF SALARIES FOR MEMBERS OF CITY BOARDS AND COMMISSIONS

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unfavorable publ.i.city, and to permit private inquiry into the employees' activities, or investigation of charges against such employees." ~3 Ohs. Att Gen. 32, citing the legislative committee report, ar,c~ ca.ted w.~t . approval in Lucas v. Board of Trustees, (Ct. of Apia. 1971) 95 c"al. Rptr. 43. It is thus apparent that the "personnel exception" represents a legislative concern with the individual employee's presumed desire for privacy when his individual qualifications are under discussion, rather than with any interest of the pub- lic agency. In this respect, it is significant that only the employee, and not the agency, has the right to require that the discussions be he.td in public, While the "personnel excepti./n"` makes no specific reference tcs discussions cif the "salary" of. an officer or employee, the term "employment" may fairly be interpreted to include ques- tions of salary. Certainly the same concern for individual privacy would apply when the question was whether or to what extent a particular employee should be compensated as when the question a_s wh<~ther he should be employed at all, for in both cases discua~siars will normally extend to the work history and -~`? a,erse~nal suitability of the employee. The Attorney General, in an unpublished opinion (I.L. 66-184) has concluded that the "personnel exception" does extend to discussions of the appro- priate salary for a specific individual employee. However, when the discussion concerns the compensa- tion to be granted to a class of officers or employees, the sssi#~ability of any single member of that class will not normally b~~ a topic of discussion, and the reason for the "personnel ex- ception" will not apply. The Attorney General, in another un- published opinion (I.L. 68-~?.17),has therefore concluded that executive session cannot be held to discuss salary scales in general. It must be concluded that the City Council may not meet in executive session to discuss the question of compensa- tion for members of~ City bo~~rds and commissions, except to the extent that the personal qualifications of any particular mem- ber is de~*med relevant to t,sat question. Discussion concerning the adec~uar.y of the past performance of a board or commission as a whole w~~~~~ld not in itself be sufficient to permit executive session.. Respectfully submitted, James A. Withers, City Attorney 3y Richard E . I~ay )~eputy CiCy Attorney 122