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APPLICABILITY OF BROWN ACT TO PERSONNEL MATTERS
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APPLICABILITY OF BROWN ACT TO PERSONNEL MATTERS
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Last modified
1/3/2012 1:31:17 PM
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7/20/2010 11:41:14 AM
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Legal Opinions
Description
APPLICABILITY OF BROWN ACT TO PERSONNEL MATTERS
Date
4/12/1972
Agency
City Attorney's Office
Notes
OPINION 72-5
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r.` <br />V' `~ ~1i ., '7 <br />To: _J~me~ A Withers, City Atty. ~~ J~,4~~~ <br />--~=_..Y.-..-. <br />„;Charles J. Liberto, Deputy City Atty. <br />~"~ <br />Dare 4-12-72 , <br />Subject: Applicability of Brown Act to Personnel Matters <br />CITY ATTORNEY OPINION NO. 72-9 <br />The public may be excluded from meetings held by the City <br />Council, to consider the"appointment, employment or dismissal of a <br />public officer or employee or to hear complaints or charges brought <br />against such officer or employee by another public officer, person, <br />or employee unless such officer or employee requests a public hearing. <br />Government Code Section 54957. <br />Despite the fact that the council may exclude the public from <br />such a hearing the Brown Act specifically provides that such a hearing <br />may be held only at an executive session during a reQUlar or special <br />meeting therefore, if the executive session held is held during a <br />regular meeting, so long as notice is given in the normal manner that <br />notice is given for regular meetings, no special. notice need be given <br />for the fact that an executive session is going to be held for the <br />purpose of discussing personnel matters. Government Codes Section <br />54954, 54956, & 54957. <br />However, if an executive session is .to be held during a <br />special meeting for the .purpose of discussing personnel matters, then <br />~- notice must be given for the special meeting as provided in Section <br />54956 of the Government Code. The City Council may further exclude <br />the public from executive sessions while meeting with the city':s <br />designated representatives prior to and during consultations, and <br />discussions with representatives of employee organizations regarding <br />the salaries, salary schedules,, or compensation paid in the form <br />of fringe benefits of employees in order to review the city's position <br />and instruct its designated representative. Government Code Section <br />54957.6: <br />• The~Attorney°General's interpretation of Government Code <br />Section~54957 simply•reinterates the wording of that section to the <br />extent that the public may be.excluded from meetings to consider <br />"appointment, employment, Qr.dismissal, or to hear complaints or <br />charges brought against an employee." 46 Atty Gen Ops p. 34. The <br />Attorney General has further opined that the minutes of executive <br />sessions concerning discussion or actions on those matters closed to <br />the public are not available for public inspection but may be made <br />public by determination of the majority of the governing body. <br />44 Attv~Gen Ops. 147. •. <br />~," <br />12 <br />
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