THE BROWN ACT

54950.  In enacting this chapter, the Legislature finds and declares

that the public commissions, boards and councils and the other

public agencies in this State exist to aid in the conduct of the

people's business.  It is the intent of the law that their actions be

taken openly and that their deliberations be conducted openly.

   The people of this State do not yield their sovereignty to the

agencies which serve them.  The people, in delegating authority, do

not give their public servants the right to decide what is good for

the people to know and what is not good for them to know.  The people

insist on remaining informed so that they may retain control over

the instruments they have created.

54950.5.  This chapter shall be known as the Ralph M. Brown Act.

54951.  As used in this chapter, "local agency" means a county,

city, whether general law or chartered, city and county, town, school

district, municipal corporation, district, political subdivision, or

any board, commission or agency thereof, or other local public

agency.

54952.  As used in this chapter, "legislative body" means:

   (a) The governing body of a local agency or any other local body

created by state or federal statute.

   (b) A commission, committee, board, or other body of a local

agency, whether permanent or temporary, decisionmaking or advisory,

created by charter, ordinance, resolution, or formal action of a

legislative body.  However, advisory committees, composed solely of

the members of the legislative body which are less than a quorum of

the legislative body are not legislative bodies, except that standing

committees of a legislative body, irrespective of their composition,

which have a continuing subject matter jurisdiction, or a meeting

schedule fixed by charter, ordinance, resolution, or formal action of

a legislative body are legislative bodies for purposes of this

chapter.

   (c) (1) A board, commission, committee, or other multimember body

that governs a private corporation or entity that either:

   (A) Is created by the elected legislative body in order to

exercise authority that may lawfully be delegated by the elected

governing body to a private corporation or entity.

   (B) Receives funds from a local agency and the membership of whose

governing body includes a member of the legislative body of the

local agency appointed to that governing body as a full voting member

by the legislative body of the local agency.

   (2) Notwithstanding subparagraph (B) of paragraph (1), no board,

commission, committee, or other multimember body that governs a

private corporation or entity that receives funds from a local agency

and, as of February 9, 1996, has a member of the legislative body of

the local agency as a full voting member of the governing body of

that private corporation or entity shall be relieved from the public

meeting requirements of this chapter by virtue of a change in status

of the full voting member to a nonvoting member.

   (d) The lessee of any hospital the whole or part of which is first

leased pursuant to subdivision (p) of Section 32121 of the Health

and Safety Code after January 1, 1994, where the lessee exercises any

material authority of a legislative body of a local agency delegated

to it by that legislative body whether the lessee is organized and

operated by the local agency or by a delegated authority.

54952.1.  Any person elected to serve as a member of a legislative

body who has not yet assumed the duties of office shall conform his

or her conduct to the requirements of this chapter and shall be

treated for purposes of enforcement of this chapter as if he or she

has already assumed office.

54952.2.  (a) As used in this chapter, "meeting" includes any

congregation of a majority of the members of a legislative body at

the same time and place to hear, discuss, or deliberate upon any item

that is within the subject matter jurisdiction of the legislative

body or the local agency to which it pertains.

   (b) Except as authorized pursuant to Section 54953, any use of

direct communication, personal intermediaries, or technological

devices that is employed by a majority of the members of the

legislative body to develop a collective concurrence as to action to

be taken on an item by the members of the legislative body is

prohibited.

   (c) Nothing in this section shall impose the requirements of this

chapter upon any of the following:

   (1) Individual contacts or conversations between a member of a

legislative body and any other person.

   (2) The attendance of a majority of the members of a legislative

body at a conference or similar gathering open to the public that

involves a discussion of issues of general interest to the public or

to public agencies of the type represented by the legislative body,

provided that a majority of the members do not discuss among

themselves, other than as part of the scheduled program, business of

a specified nature that is within the subject matter jurisdiction of

the local agency.  Nothing in this paragraph is intended to allow

members of the public free admission to a conference or similar

gathering at which the organizers have required other participants or

registrants to pay fees or charges as a condition of attendance.

   (3) The attendance of a majority of the members of a legislative

body at an open and publicized meeting organized to address a topic

of local community concern by a person or organization other than the

local agency, provided that a majority of the members do not discuss

among themselves, other than as part of the scheduled program,

business of a specific nature that is within the subject matter

jurisdiction of the legislative body of the local agency.

   (4) The attendance of a majority of the members of a legislative

body at an open and noticed meeting of another body of the local

agency, or at an open and noticed meeting of a legislative body of

another local agency, provided that a majority of the members do not

discuss among themselves, other than as part of the scheduled

meeting, business of a specific nature that is within the subject

matter jurisdiction of the legislative body of the local agency.

   (5) The attendance of a majority of the members of a legislative

body at a purely social or ceremonial occasion, provided that a

majority of the members do not discuss among themselves business of a

specific nature that is within the subject matter jurisdiction of

the legislative body of the local agency.

   (6) The attendance of a majority of the members of a legislative

body at an open and noticed meeting of a standing committee of that

body, provided that the members of the legislative body who are not

members of the standing committee attend only as observers.

54952.6.  As used in this chapter, "action taken" means a collective

decision made by a majority of the members of a legislative body, a

collective commitment or promise by a majority of the members of a

legislative body to make a positive or a negative decision, or an

actual vote by a majority of the members of a legislative body when

sitting as a body or entity, upon a motion, proposal, resolution,

order or ordinance.

54952.7.  A legislative body of a local agency may require that a

copy of this chapter be given to each member of the legislative body

and any person elected to serve as a member of the legislative body

who has not assumed the duties of office.  An elected legislative

body of a local agency may require that a copy of this chapter be

given to each member of each legislative body all or a majority of

whose members are appointed by or under the authority of the elected

legislative body.

54953.  (a) All meetings of the legislative body of a local agency

shall be open and public, and all persons shall be permitted to

attend any meeting of the legislative body of a local agency, except

as otherwise provided in this chapter.

   (b) (1) Notwithstanding any other provision of law, the

legislative body of a local agency may use teleconferencing for the

benefit of the public and the legislative body of a local agency in

connection with any meeting or proceeding authorized by law.  The

teleconferenced meeting or proceeding shall comply with all

requirements of this chapter and all otherwise applicable provisions

of law relating to a specific type of meeting or proceeding.

   (2) Teleconferencing, as authorized by this section, may be used

for all purposes in connection with any meeting within the subject

matter jurisdiction of the legislative body.  All votes taken during

a teleconferenced meeting shall be by rollcall.

   (3) If the legislative body of a local agency elects to use

teleconferencing, it shall post agendas at all teleconference

locations and conduct teleconference meetings in a manner that

protects the statutory and constitutional rights of the parties or

the public appearing before the legislative body of a local agency.

Each teleconference location shall be identified in the notice and

agenda of the meeting or proceeding, and each teleconference location

shall be accessible to the public.   During the teleconference, at

least a quorum of the members of the legislative body shall

participate  from locations within the boundaries of the territory

over which the local agency exercises jurisdiction.  The agenda shall

provide an opportunity for members of the public to address the

legislative body directly pursuant to Section 54954.3 at each

teleconference location.

   (4) For the purposes of this section, "teleconference" means a

meeting of a legislative body, the members of which are in different

locations, connected by electronic means, through either audio or

video, or both.  Nothing in this section shall prohibit a local

agency from providing the public with additional teleconference

locations.

   (c) No legislative body shall take action by secret ballot,

whether preliminary or final.

54953.1.  The provisions of this chapter shall not be construed to

prohibit the members of the legislative body of a local agency from

giving testimony in private before a grand jury, either as

individuals or as a body.

54953.3.  A member of the public shall not be required, as a

condition to attendance at a meeting of a legislative body of a local

agency, to register his or her name, to provide other information,

to complete a questionnaire, or otherwise to fulfill any condition

precedent to his or her attendance.

   If an attendance list, register, questionnaire, or other similar

document is posted at or near the entrance to the room where the

meeting is to be held, or is circulated to the persons present during

the meeting, it shall state clearly that the signing, registering,

or completion of the document is voluntary, and that all persons may

attend the meeting regardless of whether a person signs, registers,

or completes the document.

54953.5.  (a) Any person attending an open and public meeting of a

legislative body of a local agency shall have the right to record the

proceedings with an audio or video tape recorder or a still or

motion picture camera in the absence of a reasonable finding by the

legislative body of the local agency that the recording cannot

continue without noise, illumination, or obstruction of view that

constitutes, or would constitute, a persistent disruption of the

proceedings.

   (b) Any tape or film record of an open and public meeting made for

whatever purpose by or at the direction of the local agency shall be

subject to inspection pursuant to the California Public Records Act

(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title

1), but, notwithstanding Section 34090, may be erased or destroyed 30

days after the taping or recording.  Any inspection of a video or

tape recording shall be provided without charge on a video or tape

player made available by the local agency.

54953.6.  No legislative body of a local agency shall prohibit or

otherwise restrict the broadcast of its open and public meetings in

the absence of a reasonable finding that the broadcast cannot be

accomplished without noise, illumination, or obstruction of view that

would constitute a persistent disruption of the proceedings.

54953.7.  Notwithstanding any other provision of law, legislative

bodies of local agencies may impose  requirements upon themselves

which allow greater access to their meetings than prescribed by the

minimal standards set forth in this chapter.  In addition thereto, an

elected legislative body of a local agency may impose such

requirements on those appointed legislative bodies of the local

agency of which all or a majority of the members are appointed by or

under the authority of the elected legislative body.

54954.  (a) Each legislative body of a local agency, except for

advisory committees or standing committees, shall provide, by

ordinance, resolution, bylaws, or by whatever other rule is required

for the conduct of business by that body, the time and place for

holding regular meetings.  Meetings of advisory committees or

standing committees, for which an agenda is posted at least 72 hours

in advance of the meeting pursuant to subdivision (a) of Section

54954.2, shall be considered for purposes of this chapter as regular

meetings of the legislative body.

   (b) Regular and special meetings of the legislative body shall be

held within the boundaries of the territory over which the local

agency exercises jurisdiction, except to do any of the following:

   (1) Comply with state or federal law or court order, or attend a

judicial or administrative proceeding to which the local agency is a

party.

   (2) Inspect real or personal property which cannot be conveniently

brought within the boundaries of the territory over which the local

agency exercises jurisdiction provided that the topic of the meeting

is limited to items directly related to the real or personal

property.

   (3) Participate in meetings or discussions of multiagency

significance that are outside the boundaries of a local agency's

jurisdiction.  However, any meeting or discussion held pursuant to

this subdivision shall take place within the jurisdiction of one of

the participating local agencies and be noticed by all participating

agencies as provided for in this chapter.

   (4) Meet in the closest meeting facility if the local agency has

no meeting facility within the boundaries of the territory over which

the local agency exercises jurisdiction, or at the principal office

of the local agency if that office is located outside the territory

over which the agency exercises jurisdiction.

   (5) Meet outside their immediate jurisdiction with elected or

appointed officials of the United States or the State of California

when a local meeting would be impractical, solely to discuss a

legislative or regulatory issue affecting the local agency and over

which the federal or state officials have jurisdiction.

   (6) Meet outside their immediate jurisdiction if the meeting takes

place in or nearby a facility owned by the agency, provided that the

topic of the meeting is limited to items directly related to the

facility.

   (7) Visit the office of the local agency's legal counsel for a

closed session on pending litigation held pursuant to Section

54956.9, when to do so would reduce legal fees or costs.

   (c) Meetings of the governing board of a school district shall be

held within the district except under the circumstances enumerated in

subdivision (b), or to do any of the following:

   (1) Attend a conference on nonadversarial collective bargaining

techniques.

   (2) Interview members of the public residing in another district

with reference to the trustees' potential employment of the

superintendent of that district.

   (3) Interview a potential employee from another district.

   (d) Meetings of a joint powers authority shall occur within the

territory of at least one of its member agencies, or as provided in

subdivision (b).  However, a joint powers authority which has members

throughout the state may meet at any facility in the state which

complies with the requirements of Section 54961.

   (e) If, by reason of fire, flood, earthquake, or other emergency,

it shall be unsafe to meet in the place designated, the meetings

shall be held for the duration of the emergency at the place

designated by the presiding officer of the legislative body or his or

her designee in a notice to the local media that have requested

notice pursuant to Section 54956, by the most rapid means of

communication available at the time.

54954.1.  Any person may request that a copy of the agenda, or a

copy of all the documents constituting the agenda packet, of any

meeting of a legislative body be mailed to that person.  Upon receipt

of the written request, the legislative body or its designee shall

cause the requested materials to be mailed at the time the agenda is

posted pursuant to Section 54954.2 and 54956 or upon distribution to

all, or a majority of all, of the members of a legislative body,

whichever occurs first.  Any request for mailed copies of agendas or

agenda packets shall be valid for the calendar year in which it is

filed, and must be renewed following January 1 of each year.  The

legislative body may establish a fee for mailing the agenda or agenda

packet, which fee shall not exceed the cost of providing the

service.  Failure of the requesting person to receive the agenda or

agenda packet pursuant to this section shall not constitute grounds

for invalidation of the actions of the legislative body taken at the

meeting for which the agenda or agenda packet was not received.

54954.2.  (a) At least 72 hours before a regular meeting, the

legislative body of the local agency, or its designee, shall post an

agenda containing a brief general description of each item of

business to be transacted or discussed at the meeting, including

items to be discussed in closed session.  A brief general description

of an item generally need not exceed 20 words.  The agenda shall

specify the time and location of the regular meeting and shall be

posted in a location that is freely accessible to members of the

public.

   No action or discussion shall be undertaken on any item not

appearing on the posted agenda, except that members of a legislative

body or its staff may briefly respond to statements made or questions

posed by persons exercising their public testimony rights under

Section 54954.3.  In addition, on their own initiative or in response

to questions posed by the public, a member of a legislative body or

its staff may ask a question for clarification, make a brief

announcement, or make a brief report on his or her own activities.

Furthermore, a member of a legislative body, or the body itself,

subject to rules or procedures of the legislative body, may provide a

reference to staff or other resources for factual information,

request staff to report back to the body at a subsequent meeting

concerning any matter, or take action to direct staff to place a

matter of business on a future agenda.

   (b) Notwithstanding subdivision (a), the legislative body may take

action on items of business not appearing on the posted agenda under

any of the conditions stated below.  Prior to discussing any item

pursuant to this subdivision, the legislative body shall publicly

identify the item.

   (1) Upon a determination by a majority vote of the legislative

body that an emergency situation exists, as defined in Section

54956.5.

   (2) Upon a determination by a two-thirds vote of the members of

the legislative body present at the meeting, or, if less than

two-thirds of the members are present, a unanimous vote of those

members present, that there is a need to take immediate action and

that the need for action came to the attention of the local agency

subsequent to the agenda being posted as specified in subdivision

(a).

   (3) The item was posted pursuant to subdivision (a) for a prior

meeting of the legislative body occurring not more than five calendar

days prior to the date action is taken on the item, and at the prior

meeting the item was continued to the meeting at which action is

being taken.

54954.3.  (a) Every agenda for regular meetings shall provide an

opportunity for members of the public to directly address the

legislative body on any item of interest to the public, before or

during the legislative body's consideration of the item, that is

within the subject matter jurisdiction of the legislative body,

provided that no action shall be taken on any item not appearing on

the agenda unless the action is otherwise authorized by subdivision

(b) of Section 54954.2.  However, the agenda need not provide an

opportunity for members of the public to address the legislative body

on any item that has already been considered by a committee,

composed exclusively of members of the legislative body, at a public

meeting wherein all interested members of the public were afforded

the opportunity to address the committee on the item, before or

during the committee's consideration of the item, unless the item has

been substantially changed since the committee heard the item, as

determined by the legislative body.  Every notice for a special

meeting shall provide an opportunity for members of the public to

directly address the legislative body concerning any item that has

been described in the notice for the meeting before or during

consideration of that item.

   (b) The legislative body of a local agency may adopt reasonable

regulations to ensure that the intent of subdivision (a) is carried

out, including, but not limited to, regulations limiting the total

amount of time allocated for public testimony on particular issues

and for each individual speaker.

   (c) The legislative body of a local agency shall not prohibit

public criticism of the policies, procedures, programs, or services

of the agency, or of the acts or omissions of the legislative body.

Nothing in this subdivision shall confer any privilege or protection

for expression beyond that otherwise provided by law.

54954.4.  (a) The Legislature hereby finds and declares that Section

12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement

to local agencies and school districts for costs mandated by the

state pursuant to that act, shall be interpreted strictly.  The

intent of the Legislature is to provide reimbursement for only those

costs which are clearly and unequivocally incurred as the direct and

necessary result of compliance with Chapter 641 of the Statutes of

1986.

   (b) In this regard, the Legislature directs all state employees

and officials involved in reviewing or authorizing claims for

reimbursement, or otherwise participating in the reimbursement

process, to rigorously review each claim and authorize only those

claims, or parts thereof, which represent costs which are clearly and

unequivocally incurred as the direct and necessary result of

compliance with Chapter 641 of the Statutes of 1986 and for which

complete documentation exists.  For purposes of Section 54954.2,

costs eligible for reimbursement shall only include the actual cost

to post a single agenda for any one meeting.

   (c) The Legislature hereby finds and declares that complete,

faithful, and uninterrupted compliance with the Ralph M. Brown Act

(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of

Title 5 of the Government Code) is a matter of overriding public

importance.  Unless specifically stated, no future Budget Act, or

related budget enactments, shall, in any manner, be interpreted to

suspend, eliminate, or otherwise modify the legal obligation and duty

of local agencies to fully comply with Chapter 641 of the Statutes

of 1986 in a complete, faithful, and uninterrupted manner.

54954.5.  For purposes of describing closed session items pursuant

to Section 54954.2, the agenda may describe closed sessions as

provided below.  No legislative body or elected official shall be in

violation of Section 54954.2 or 54956 if the closed session items

were described in substantial compliance with this section.

Substantial compliance is satisfied by including the information

provided below, irrespective of its format.

   (a) With respect to a closed session held pursuant to Section

54956.7:

   LICENSE/PERMIT DETERMINATION

   Applicant(s):  (Specify number of applicants)

   (b) With respect to every item of business to be discussed in

closed session pursuant to Section 54956.8:

   CONFERENCE WITH REAL PROPERTY NEGOTIATORS

   Property:  (Specify street address, or if no street address, the

parcel number or other unique reference, of the real property under

negotiation)

   Agency negotiator:  (Specify names of negotiators attending the

closed session)  (If circumstances necessitate the absence of a

specified negotiator, an agent or designee may participate in place

of the absent negotiator so long as the name of the agent or designee

is announced at an open session held prior to the closed session.)

   Negotiating parties:  (Specify name of party (not agent))

   Under negotiation:  (Specify whether instruction to negotiator

will concern price, terms of payment, or both)

   (c) With respect to every item of business to be discussed in

closed session pursuant to Section 54956.9:

   CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION

   (Subdivision (a) of Section 54956.9)

   Name of case:  (Specify by reference to claimant's name, names of

parties, case or claim numbers)

   or

   Case name unspecified:  (Specify whether disclosure would

jeopardize service of process or existing settlement negotiations)

   CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION

   Significant exposure to litigation pursuant to subdivision (b) of

Section 54956.9:  (Specify number of potential cases)

   (In addition to the information noticed above, the agency may be

required to provide additional information on the agenda or in an

oral statement prior to the closed session pursuant to subparagraphs

(B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section

54956.9.)

   Initiation of litigation pursuant to subdivision (c) of Section

54956.9:  (Specify number of potential cases)

   (d) With respect to every item of business to be discussed in

closed session pursuant to Section 54956.95:

   LIABILITY CLAIMS

   Claimant:  (Specify name unless unspecified pursuant to Section

54961)

   Agency claimed against:  (Specify name)

   (e) With respect to every item of business to be discussed in

closed session pursuant to Section 54957:

   THREAT TO PUBLIC SERVICES OR FACILITIES

   Consultation with:  (Specify name of law enforcement agency and

title of officer)

   PUBLIC EMPLOYEE APPOINTMENT

   Title:  (Specify description of position to be filled)

   PUBLIC EMPLOYMENT

   Title:  (Specify description of position to be filled)

   PUBLIC EMPLOYEE PERFORMANCE EVALUATION

   Title:  (Specify position title of employee being reviewed)

   PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

   (No additional information is required in connection with a closed

session to consider discipline, dismissal, or release of a public

employee.  Discipline includes potential reduction of compensation.)

   (f) With respect to every item of business to be discussed in

closed session pursuant to Section 54957.6:

   CONFERENCE WITH LABOR NEGOTIATORS

   Agency designated representatives:  (Specify names of designated

representatives attending the closed session)  (If circumstances

necessitate the absence of a specified designated representative, an

agent or designee may participate in place of the absent

representative so long as the name of the agent or designee is

announced at an open session held prior to the closed session.)

   Employee organization:  (Specify name of organization representing

employee or employees in question)

   or

   Unrepresented employee:  (Specify position title of unrepresented

employee who is the subject of the negotiations)

   (g) With respect to closed sessions called pursuant to Section

54957.8:

   CASE REVIEW/PLANNING

   (No additional information is required in connection with a closed

session to consider case review or planning.)

   (h) With respect to every item of business to be discussed in

closed session pursuant to Sections 1461, 32106, and 32155 of the

Health and Safety Code or Sections 37606 and 37624.3 of the

Government Code:

   REPORT INVOLVING TRADE SECRET

   Discussion will concern:  (Specify whether discussion will concern

proposed new service, program, or facility)

   Estimated date of public disclosure:  (Specify month and year)

   HEARINGS

   Subject matter:  (Specify whether testimony/deliberation will

concern staff privileges, report of medical audit committee, or

report of quality assurance committee)

   (i) With respect to every item of business to be discussed in

closed session pursuant to Section 54956.86:

   CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW

   (No additional information is required in connection with a closed

session to discuss a charge or complaint pursuant to Section

54956.86.)

54954.6.  (a) (1) Before adopting any new or increased general tax

or any new or increased assessment, the legislative body of a local

agency shall conduct at least one public meeting at which local

officials shall allow public testimony regarding the proposed new or

increased general tax or new or increased assessment in addition to

the noticed public hearing at which the legislative body proposes to

enact or increase the general tax or assessment.

   For purposes of this section, the term "new or increased

assessment" does not include any of the following:

   (A) A fee that does not exceed the reasonable cost of providing

the services, facilities, or regulatory activity for which the fee is

charged.

   (B) A service charge, rate, or charge, unless a special district's

principal act requires the service charge, rate, or charge to

conform to the requirements of this section.

   (C) An ongoing annual assessment if it is imposed at the same or

lower amount as any previous year.

   (D) An assessment that does not exceed an assessment formula or

range of assessments previously specified in the notice given to the

public pursuant to subparagraph (G) of paragraph (2) of subdivision

(c) and that was previously adopted by the agency or approved by the

voters in the area where the assessment is imposed.

   (E) Standby or immediate availability charges.

   (2) The legislative body shall provide at least 45 days' public

notice of the public hearing at which the legislative body proposes

to enact or increase the general tax or assessment.  The legislative

body shall provide notice for the public meeting at the same time and

in the same document as the notice for the public hearing, but the

meeting shall occur prior to the hearing.

   (b) (1) The joint notice of both the public meeting and the public

hearing required by subdivision (a) with respect to a proposal for a

new or increased general tax shall be accomplished by placing a

display advertisement of at least one-eighth page in a newspaper of

general circulation for three weeks pursuant to Section 6063 and by a

first-class mailing to those interested parties who have filed a

written request with the local agency for mailed notice of public

meetings or hearings on new or increased general taxes.  The public

meeting pursuant to subdivision (a) shall take place no earlier than

10 days after the first publication of the joint notice pursuant to

this subdivision.  The public hearing shall take place no earlier

than seven days after the public meeting pursuant to this

subdivision.  Notwithstanding paragraph (2) of subdivision (a), the

joint notice need not include notice of the public meeting after the

meeting has taken place.  The public hearing pursuant to subdivision

(a) shall take place no earlier than 45 days after the first

publication of the joint notice pursuant to this subdivision.  Any

written request for mailed notices shall be effective for one year

from the date on which it is filed unless a renewal request is filed.

  Renewal requests for mailed notices shall be filed on or before

April 1 of each year.  The legislative body may establish a

reasonable annual charge for sending notices based on the estimated

cost of providing the service.

   (2) The notice required by paragraph (1) of this subdivision shall

include, but not be limited to, the following:

   (A) The amount or rate of the tax.  If the tax is proposed to be

increased from any previous year, the joint notice shall separately

state both the existing tax rate and the proposed tax rate increase.

   (B) The activity to be taxed.

   (C) The estimated amount of revenue to be raised by the tax

annually.

   (D) The method and frequency for collecting the tax.

   (E) The dates, times, and locations of the public meeting and

hearing described in subdivision (a).

   (F) The phone number and address of an individual, office, or

organization that interested persons may contact to receive

additional information about the tax.

   (c) (1) The joint notice of both the public meeting and the public

hearing required by subdivision (a) with respect to a proposal for a

new or increased assessment on real property shall be accomplished

through a mailing, postage prepaid, in the United States mail and

shall be deemed given when so deposited.  The public meeting pursuant

to subdivision (a) shall take place no earlier than 10 days after

the joint mailing pursuant to this subdivision.  The public hearing

shall take place no earlier than seven days after the public meeting

pursuant to this subdivision.  The envelope or the cover of the

mailing shall include the name of the local agency and the return

address of the sender.  This mailed notice shall be in at least

10-point type and shall be given to all property owners proposed to

be subject to the new or increased assessment by a mailing by name to

those persons whose names and addresses appear on the last equalized

county assessment roll or the State Board of Equalization assessment

roll, as the case may be.

   (2) The joint notice required by paragraph (1) of this subdivision

shall include, but not be limited to, the following:

   (A) The estimated amount of the assessment per parcel.  If the

assessment is proposed to be increased from any previous year, the

joint notice shall separately state both the amount of the existing

assessment and the proposed assessment increase.

   (B) A general description of the purpose or improvements that the

assessment will fund.

   (C) The address to which property owners may mail a protest

against the assessment.

   (D) The phone number and address of an individual, office, or

organization that interested persons may contact to receive

additional information about the assessment.

   (E) A statement that a majority protest will cause the assessment

to be abandoned if the assessment act used to levy the assessment so

provides.  Notice shall also state the percentage of protests

required to trigger an election, if applicable.

   (F) The dates, times, and locations of the public meeting and

hearing described in subdivision (a).

   (G) A proposed assessment formula or range as described in

subparagraph (D) of paragraph (1) of subdivision (a) if applicable

and that is noticed pursuant to this section.

   (3) Notwithstanding paragraph (1), in the case of an assessment

that is proposed exclusively for operation and maintenance expenses

imposed throughout the entire local agency, or exclusively for

operation and maintenance assessments proposed to be levied on 50,000

parcels or more, notice may be provided pursuant to this subdivision

or pursuant to paragraph (1) of subdivision (b) and shall include

the estimated amount of the assessment of various types, amounts, or

uses of property and the information required by subparagraphs (B) to

(G), inclusive, of paragraph (2) of subdivision (c).

   (4) Notwithstanding paragraph (1), in the case of an assessment

proposed to be levied pursuant to Part 2 (commencing with Section

22500) of Division 2 of the Streets and Highways Code by a regional

park district, regional park and open-space district, or regional

open-space district formed pursuant to Article 3 (commencing with

Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division

26 (commencing with Section 35100) of, the Public Resources Code,

notice may be provided pursuant to paragraph (1) of subdivision (b).

   (d) The notice requirements imposed by this section shall be

construed as additional to, and not to supersede, existing provisions

of law, and shall be applied concurrently with the existing

provisions so as to not delay or prolong the governmental

decisionmaking process.

   (e) This section shall not apply to any new or increased general

tax or any new or increased assessment that requires an election of

either of the following:

   (1) The property owners subject to the assessment.

   (2) The voters within the local agency imposing the tax or

assessment.

   (f) Nothing in this section shall prohibit a local agency from

holding a consolidated meeting or hearing at which the legislative

body discusses multiple tax or assessment proposals.

   (g) The local agency may recover the reasonable costs of public

meetings, public hearings, and notice required by this section from

the proceeds of the tax or assessment.  The costs recovered for these

purposes, whether recovered pursuant to this subdivision or any

other provision of law, shall not exceed the reasonable costs of the

public meetings, public hearings, and notice.

   (h) Any new or increased assessment that is subject to the notice

and hearing provisions of Article XIIIC or XIIID of the California

Constitution is not subject to the notice and hearing requirements of

this section.

54955.  The legislative body of a local agency may adjourn any

regular, adjourned regular, special or adjourned special meeting to a

time and place specified in the order of adjournment.  Less than a

quorum may so adjourn from time to time.  If all members are absent

from any regular or adjourned regular meeting the clerk or secretary

of the legislative body may declare the meeting adjourned to a stated

time and place and he shall cause a written notice of the

adjournment to be given in the same manner as provided in Section

54956 for special meetings, unless such notice is waived as provided

for special meetings.  A copy of the order or notice of adjournment

shall be conspicuously posted on or near the door of the place where

the regular, adjourned regular, special or adjourned special meeting

was held within 24 hours after the time of the adjournment.  When a

regular or adjourned regular meeting is adjourned as provided in this

section, the resulting adjourned regular meeting is a regular

meeting for all purposes.  When an order of adjournment of any

meeting fails to state the hour at which the adjourned meeting is to

be held, it shall be held at the hour specified for regular meetings

by ordinance, resolution, bylaw, or other rule.

54955.1.  Any hearing being held, or noticed or ordered to be held,

by a legislative body of a local agency at any meeting may by order

or notice of continuance be continued or recontinued to any

subsequent meeting of the legislative body in the same manner and to

the same extent set forth in Section 54955 for the adjournment of

meetings; provided, that if the hearing is continued to a time less

than 24 hours after the time specified in the order or notice of

hearing, a copy of the order or notice of continuance of hearing

shall be posted immediately following the meeting at which the order

or declaration of continuance was adopted or made.

54956.  A special meeting may be called at any time by the presiding

officer of the legislative body of a local agency, or by a majority

of the members of the legislative body, by delivering written notice

to each member of the legislative body and to each local newspaper of

general circulation and radio or television station requesting

notice in writing.  The notice shall be delivered personally or by

any other means and shall be received at least 24 hours before the

time of the meeting as specified in the notice.  The call and notice

shall specify the time and place of the special meeting and the

business to be transacted or discussed.  No other business shall be

considered at these meetings by the legislative body.  The written

notice may be dispensed with as to any member who at or prior to the

time the meeting convenes files with the clerk or secretary of the

legislative body a written waiver of notice.  The waiver may be given

by telegram.  The written notice may also be dispensed with as to

any member who is actually present at the meeting at the time it

convenes.

   The call and notice shall be posted at least 24 hours prior to the

special meeting in a location that is freely accessible to members

of the public.

54956.5.  In the case of an emergency situation involving matters

upon which prompt action is necessary due to the disruption or

threatened disruption of public facilities, a legislative body may

hold an emergency meeting without complying with  either the 24-hour

notice requirement or the 24-hour posting requirement of Section

54956 or both of the notice and posting requirements.

   For purposes of this section, "emergency situation" means any of

the following:

   (a) Work stoppage or other activity which severely impairs public

health, safety, or both, as determined by a majority of the members

of the legislative body.

   (b) Crippling disaster which severely impairs public health,

safety, or both,  as determined by a majority of the members of the

legislative body.

   However, each local newspaper of general circulation and radio or

television station which has requested notice of special meetings

pursuant to Section 54956 shall be notified by the presiding officer

of the legislative body, or designee thereof, one hour prior to the

emergency meeting by telephone and all telephone numbers provided in

the most recent request of such newspaper or station for notification

of special meetings shall be exhausted.  In the event that telephone

services are not functioning, the notice requirements of this

section shall be deemed  waived, and the legislative body, or

designee of the legislative body, shall notify those newspapers,

radio stations, or television stations of the fact of the holding of

the emergency meeting, the purpose of the meeting, and any action

taken at the meeting as soon after the meeting as possible.

   Notwithstanding Section 54957, the legislative body shall not meet

in closed session during a meeting called pursuant to this section.

   All special meeting requirements, as prescribed in Section 54956

shall be applicable to a meeting called pursuant to this section,

with the exception of the 24-hour notice requirement.

   The minutes of a meeting called pursuant to this section, a list

of persons who the presiding officer of the legislative body, or

designee of the legislative body, notified or attempted to notify, a

copy of the rollcall vote, and any actions taken at the meeting shall

be posted for a minimum of 10 days in a public place as soon after

the meeting as possible.

54956.6.  No fees may be charged by the legislative body of a local

agency for  carrying out any provision of this chapter, except as

specifically authorized by this chapter.

54956.7.  Whenever a legislative body of a local agency determines

that it is necessary to discuss and determine whether an applicant

for a license or license renewal, who has a criminal record, is

sufficiently rehabilitated to obtain the license, the legislative

body may hold a closed session with the applicant and the applicant's

attorney, if any, for the purpose of holding the discussion and

making the determination. If the legislative body determines, as a

result of the closed session, that the issuance or renewal of the

license should be denied, the applicant shall be offered the

opportunity to withdraw the application.  If the applicant withdraws

the application, no record shall be kept of the discussions or

decisions made at the closed session and all matters relating to the

closed session shall be confidential.  If the applicant does not

withdraw the application, the legislative body shall take action at

the public meeting during which the closed session is held or at its

next public meeting denying the application for the license but all

matters relating to the closed session are confidential and shall not

be disclosed without the consent of the applicant, except in an

action by an applicant who has been denied a license challenging the

denial of the license.

54956.8.  Notwithstanding any other provision of this chapter, a

legislative body of a local agency may hold a closed session with its

negotiator prior to the purchase, sale, exchange, or lease of real

property by or for the local agency to grant authority to its

negotiator regarding the price and terms of payment for the purchase,

sale, exchange, or lease.

   However, prior to the closed session, the legislative body of the

local agency shall hold an open and public session in which it

identifies its negotiators, the real property or real properties

which the negotiations may concern, and the person or persons with

whom its negotiators may negotiate.

   For purposes of this section, negotiators may be members of the

legislative body of the local agency.

   For purposes of this section, "lease" includes renewal or

renegotiation of a lease.

   Nothing in this section shall preclude a local agency from holding

a closed session for discussions regarding eminent domain

proceedings pursuant to Section 54956.9.

54956.86.  Notwithstanding any other provision of this chapter, a

legislative body of a local agency which provides services pursuant

to Section 14087.3 of the Welfare and Institutions Code may hold a

closed session to hear a charge or complaint from a member enrolled

in its health plan if the member does not wish to have his or her

name, medical status, or other information that is protected by

federal law publicly disclosed.  Prior to holding a closed session

pursuant to this section, the legislative body shall inform the

member, in writing, of his or her right to have the charge or

complaint heard in an open session rather than a closed session.

54956.87.  (a) Notwithstanding any other provision of this chapter,

the records of a health plan that is licensed pursuant to the

Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2

(commencing with Section 1340) of Division 2 of the Health and Safety

Code) and that is governed by a county board of supervisors, whether

paper records, records maintained in the management information

system, or records in any other form, that relate to provider rate or

payment determinations, allocation or distribution methodologies for

provider payments, formulae or calculations for these payments, and

contract negotiations with providers of health care for alternative

rates are exempt from disclosure for a period of three years after

the contract is fully executed.  The transmission of the records, or

the information contained therein in an alternative form, to the

board of supervisors shall not constitute a waiver of exemption from

disclosure, and the records and information once transmitted to the

board of supervisors shall be subject to this same exemption.

   (b) Notwithstanding any other provision of law, the governing

board of a health plan that is licensed pursuant to the Knox-Keene

Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with

Section 1340) of Division 2 of the Health and Safety Code) and that

is governed by a county board of supervisors may order that a meeting

held solely for the purpose of discussion or taking action on health

plan trade secrets, as defined in subdivision (c) of Section 32106

of the Health and Safety Code, shall be held in closed session.  The

requirements of making a public report of action taken in closed

session, and the vote or abstention of every member present, may be

limited to a brief general description without the information

constituting the trade secret.

   (c) The governing board may delete the portion or portions

containing trade secrets from any documents that were finally

approved in the closed session held pursuant to subdivision (b) that

are provided to persons who have made the timely or standing request.

   (d) Nothing in this section shall be construed as preventing the

governing board from meeting in closed session as otherwise provided

by law.

   (e) The provisions of this section shall not prevent access to any

records by the Joint Legislative Audit Committee in the exercise of

its powers pursuant to Article 1 (commencing with Section 10500) of

Chapter 4 of Part 2 of Division 2 of Title 2.  The provisions of this

section also shall not prevent access to any records by the

Department of Corporations in the exercise of its powers pursuant to

Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2

of the Health and Safety Code.

54956.9.  Nothing in this chapter shall be construed to prevent a

legislative body of a local agency, based on advice of its legal

counsel, from holding a closed session to confer with, or receive

advice from, its legal counsel regarding pending litigation when

discussion in open session concerning those matters would prejudice

the position of the local agency in the litigation.

   For purposes of this chapter, all expressions of the lawyer-client

privilege other than those provided in this section are hereby

abrogated.  This section is the exclusive expression of the

lawyer-client privilege for purposes of conducting closed-session

meetings pursuant to this chapter.

   For purposes of this section, "litigation" includes any

adjudicatory proceeding, including eminent domain, before a court,

administrative body exercising its adjudicatory authority, hearing

officer, or arbitrator.

   For purposes of this section, litigation shall be considered

pending when any of the following circumstances exist:

   (a) Litigation, to which the local agency is a party, has been

initiated formally.

   (b) (1) A point has been reached where, in the opinion of the

legislative body of the local agency on the advice of its legal

counsel, based on existing facts and circumstances, there is a

significant exposure to litigation against the local agency.

   (2) Based on existing facts and circumstances, the legislative

body of the local agency is meeting only to decide whether a closed

session is authorized pursuant to paragraph (1) of this subdivision.

   (3) For purposes of paragraphs (1) and (2), "existing facts and

circumstances" shall consist only of one of the following:

   (A) Facts and circumstances that might result in litigation

against the local agency but which the local agency believes are not

yet known to a potential plaintiff or plaintiffs, which facts and

circumstances need not be disclosed.

   (B) Facts and circumstances, including, but  not limited to, an

accident, disaster, incident, or transactional occurrence that might

result in litigation against the agency and that are known to a

potential plaintiff or plaintiffs, which facts or circumstances shall

be publicly stated on the agenda or announced.

   (C) The receipt of a claim pursuant to the Tort Claims Act or some

other written communication from a potential plaintiff threatening

litigation, which claim or communication shall be available for

public inspection pursuant to Section 54957.5.

   (D) A statement made by a person in an open and public meeting

threatening litigation on a specific matter within the responsibility

of the legislative body.

   (E) A statement threatening litigation made by a person outside an

open and public meeting on a specific matter within the

responsibility of the legislative body so long as the official or

employee of the local agency receiving knowledge of the threat makes

a contemporaneous or other record of the statement prior to the

meeting, which record shall be available for public inspection

pursuant to Section 54957.5.  The records so created need not

identify the alleged victim of unlawful or tortious sexual conduct or

anyone making the threat on their behalf, or identify a public

employee who is the alleged perpetrator of any unlawful or tortious

conduct upon which a threat of litigation is based, unless the

identity of the person has been publicly disclosed.

   (F) Nothing in this section shall require disclosure of written

communications that are privileged and not subject to disclosure

pursuant to the California Public Records Act (Chapter 3.5

(commencing with Section 6250) of Division 7 of Title 1).

   (c) Based on existing facts and circumstances, the legislative

body of the local agency has decided to initiate or is deciding

whether to initiate litigation.

   Prior to holding a closed session pursuant to this section, the

legislative body of the local agency shall state on the agenda or

publicly announce the subdivision of this section that authorizes the

closed session.  If the session is closed pursuant to subdivision

(a), the body shall state the title of or otherwise specifically

identify the litigation to be discussed, unless the body states that

to do so would jeopardize the agency's ability to effectuate service

of process upon one or more unserved parties, or that to do so would

jeopardize its ability to conclude existing settlement negotiations

to its advantage.

   A local agency shall be considered to be a "party" or to have a

"significant exposure to litigation" if an officer or employee of the

local agency is a party or has significant exposure to litigation

concerning prior or prospective activities or alleged activities

during the course and scope of that office or employment, including

litigation in which it is an issue whether an activity is outside the

course and scope of the office or employment.

54956.95.  (a) Nothing in this chapter shall be construed to prevent

a joint powers agency formed pursuant to Article 1 (commencing with

Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of

insurance pooling, or a local agency member of the joint powers

agency, from holding a closed session to discuss a claim for the

payment of tort liability losses, public liability losses, or workers'

compensation liability incurred by the joint powers agency or a

local agency member of the joint powers agency.

   (b) Nothing in this chapter shall be construed to prevent the

Local Agency Self-Insurance Authority formed pursuant to Chapter 5.5

(commencing with Section 6599.01) of Division 7 of Title 1, or a

local agency member of the authority, from holding a closed session

to discuss a claim for the payment of tort liability losses, public

liability losses, or workers' compensation liability incurred by the

authority or a local agency member of the authority.

   (c) Nothing in this section shall be construed to affect Section

54956.9 with respect to any other local agency.

54957.  Nothing contained in this chapter shall be construed to

prevent the legislative body of a local agency from holding closed

sessions with the Attorney  General, district attorney, sheriff, or

chief of police, or their respective deputies, on matters posing a

threat to the security of public buildings or a threat to the public'

s right of access to public services or public facilities, or from

holding closed sessions during a regular or special meeting to

consider the appointment, employment, evaluation of performance,

discipline, or dismissal of a public employee or to hear complaints

or charges brought against the employee by another person or employee

unless the employee requests a public session.

   As a condition to holding a closed session on specific complaints

or charges brought against an employee by another person or employee,

the employee shall be given written notice of his or her right to

have the complaints or charges heard in an open session rather than a

closed session, which notice shall be delivered to the employee

personally or by mail at least 24 hours before the time for holding

the session.  If notice is not given, any disciplinary or other

action taken by the legislative body against the employee based on

the specific complaints or charges in the closed session shall be

null and void.

   The legislative body also may exclude from the public or closed

meeting, during the examination of a witness, any or all other

witnesses in the matter being investigated by the legislative body.

   For the purposes of this section, the term "employee" shall

include an officer or an independent contractor who functions as an

officer or an employee but shall not include any elected official,

member of a legislative body or other independent contractors.

Nothing in this section shall limit local officials' ability to hold

closed session meetings pursuant to Sections 1461, 32106, and 32155

of the Health and Safety Code or Sections 37606 and 37624.3 of the

Government Code.  Closed sessions held pursuant to this section shall

not include discussion or action on proposed compensation except for

a reduction of compensation that results from the imposition of

discipline.

54957.1.  (a) The legislative body of any local agency shall

publicly report any action taken in closed session and the vote or

abstention of every member present thereon, as follows:

   (1) Approval of an agreement concluding real estate negotiations

pursuant to Section 54956.8 shall be reported after the agreement is

final, as specified below:

   (A) If its own approval renders the agreement final, the body

shall report that approval and the substance of the agreement in open

session at the public meeting during which the closed session is

held.

   (B) If final approval rests with the other party to the

negotiations, the local agency shall disclose the fact of that

approval and the substance of the agreement upon inquiry by any

person, as soon as the other party or its agent has informed the

local agency of its approval.

   (2) Approval given to its legal counsel to defend, or seek or

refrain from seeking appellate review or relief, or to enter as an

amicus curiae in any form of litigation as the result of a

consultation under Section 54956.9 shall be reported in open session

at the public meeting during which the closed session is held.  The

report shall identify, if known, the adverse party or parties and the

substance of the litigation.  In the case of approval given to

initiate or intervene in an action, the announcement need not

identify the action, the defendants, or other particulars, but shall

specify that the direction to initiate or intervene in an action has

been given and that the action, the defendants, and the other

particulars shall, once formally commenced, be disclosed to any

person upon inquiry, unless to do so would jeopardize the agency's

ability to effectuate service of process on one or more unserved

parties, or that to do so would jeopardize its ability to conclude

existing settlement negotiations to its advantage.

   (3) Approval given to its legal counsel of a settlement of pending

litigation, as defined in Section 54956.9, at any stage prior to or

during a judicial or quasi-judicial proceeding shall be reported

after the settlement is final, as specified below:

   (A) If the legislative body accepts a settlement offer signed by

the opposing party, the body shall report its acceptance and identify

the substance of the agreement in open session at the public meeting

during which the closed session is held.

   (B) If final approval rests with some other party to the

litigation or with the court, then as soon as the settlement becomes

final, and upon inquiry by any person, the local agency shall

disclose the fact of that approval, and identify the substance of the

agreement.

   (4) Disposition reached as to claims discussed in closed session

pursuant to Section 54956.95 shall be reported as soon as reached in

a manner that identifies the name of the claimant, the name of the

local agency claimed against, the substance of the claim, and any

monetary amount approved for payment and agreed upon by the claimant.

   (5) Action taken to appoint, employ, dismiss, accept the

resignation of, or otherwise affect the employment status of a public

employee in closed session pursuant to Section 54957 shall be

reported at the public meeting during which the closed session is

held.  Any report required by this paragraph shall identify the title

of the position.  The general requirement of this paragraph

notwithstanding, the report of a dismissal or of the nonrenewal of an

employment contract shall be deferred until the first public meeting

following the exhaustion of administrative remedies, if any.

   (6) Approval of an agreement concluding labor negotiations with

represented employees pursuant to Section 54957.6 shall be reported

after the agreement is final and has been accepted or ratified by the

other party.  The report shall identify the item approved and the

other party or parties to the negotiation.

   (b) Reports that are required to be made pursuant to this section

may be made orally or in writing.  The legislative body shall provide

to any person who has submitted a written request to the legislative

body within 24 hours of the posting of the agenda, or to any person

who has made a standing request for all documentation as part of a

request for notice of meetings pursuant to Section 54954.1 or 54956,

if the requester is present at the time the closed session ends,

copies of any contracts, settlement agreements, or other documents

that were finally approved or adopted in the closed session.  If the

action taken results in one or more substantive amendments to the

related documents requiring retyping, the documents need not be

released until the retyping is completed during normal business

hours, provided that the presiding officer of the legislative body or

his or her designee orally summarizes the substance of the

amendments for the benefit of the document requester or any other

person present and requesting the information.

   (c) The documentation referred to in paragraph (b) shall be

available to any person on the next business day following the

meeting in which the action referred to is taken or, in the case of

substantial amendments, when any necessary retyping is complete.

   (d) Nothing in this section shall be construed to require that the

legislative body approve actions not otherwise subject to

legislative body approval.

   (e) No action for injury to a reputational, liberty, or other

personal interest may be commenced by or on behalf of any employee or

former employee with respect to whom a disclosure is made by a

legislative body in an effort to comply with this section.

54957.2.  (a) The legislative body of a local agency may, by

ordinance or resolution, designate a clerk or other officer or

employee of the local agency who shall then attend each closed

session of the legislative body and keep and enter in a minute book a

record of topics discussed and decisions made at the meeting.  The

minute book made pursuant to this section is not a public record

subject to inspection pursuant to the California Public Records Act

(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title

1), and shall be kept confidential.  The minute book shall be

available only to members of the legislative body or, if a violation

of this chapter is alleged to have occurred at a closed session, to a

court of general jurisdiction wherein the local agency lies.  Such

minute book may, but need not, consist of a recording of the closed

session.

   (b) An elected legislative body of a local agency may require that

each legislative body all or a majority of whose members are

appointed by or under the authority of the elected legislative body

keep a minute book as prescribed under subdivision (a).

54957.5.  (a) Notwithstanding Section 6255 or any other provisions

of law, agendas of public meetings and any other writings, when

distributed to all, or a majority of all, of the members of a

legislative body of a local agency by any person in connection with a

matter subject to discussion or consideration at a public meeting of

the body, are disclosable public records under the California Public

Records Act (Chapter 3.5 (commencing with Section 6250) of Division

7 of Title 1), and shall be made available upon request without

delay.  However, this section shall not include any writing exempt

from public disclosure under Section 6253.5, 6254, 6254.7, or

6254.22.

   (b) Writings that are public records under subdivision (a) and

that are distributed during a public meeting shall be made available

for public inspection at the meeting if prepared by the local agency

or a member of its legislative body, or after the meeting if prepared

by some other person.

   (c) Nothing in this chapter shall be construed to prevent the

legislative body of a local agency from charging a fee or deposit for

a copy of a public record pursuant to Section 6257.

   (d) This section shall not be construed to limit or delay the

public's right to inspect or obtain a copy of any record required to

be disclosed under the requirements of the California Public Records

Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of

Title 1).  Nothing in this chapter shall be construed to require a

legislative body of a local agency to place any paid advertisement or

any other paid notice in any publication.

54957.6.  (a) Notwithstanding any other provision of law, a

legislative body of a local agency may hold closed sessions with the

local agency's designated representatives regarding the salaries,

salary schedules, or compensation paid in the form of fringe benefits

of its represented and unrepresented employees, and, for represented

employees, any other matter within the statutorily provided scope of

representation.

   However, prior to the closed session, the legislative body of the

local agency shall hold an open and public session in which it

identifies its designated representatives.

   Closed sessions of a legislative body of a local agency, as

permitted in this section, shall be for the purpose of reviewing its

position and instructing the local agency's designated

representatives.

   Closed sessions, as permitted in this section, may take place

prior to and during consultations and discussions with

representatives of employee organizations and unrepresented

employees.

   Closed sessions with the local agency's designated representative

regarding the salaries, salary schedules, or compensation paid in the

form of fringe benefits may include discussion of an agency's

available funds and funding priorities, but only insofar as these

discussions relate to providing instructions to the local agency's

designated representative.

   Closed sessions held pursuant to this section shall not include

final action on the proposed compensation of one or more

unrepresented employees.

   For the purposes enumerated in this section, a legislative body of

a local agency may also meet with a state conciliator who has

intervened in the proceedings.

   (b) For the purposes of this section, the term "employee" shall

include an officer or an independent contractor who functions as an

officer or an employee, but shall not include any elected official,

member of a legislative body, or other independent contractors.

54957.7.  (a) Prior to holding any closed session, the legislative

body of the local agency shall disclose, in an open meeting, the item

or items to be discussed in the closed session.  The disclosure may

take the form of a reference to the item or items as they are listed

by number or letter on the agenda.  In the closed session, the

legislative body may consider only those matters covered in its

statement.  Nothing in this section shall require or authorize a

disclosure of information prohibited by state or federal law.

   (b) After any closed session, the legislative body shall reconvene

into open session prior to adjournment and shall make any

disclosures required by Section 54957.1 of action taken in the closed

session.

   (c) The announcements required to be made in open session pursuant

to this section may be made at the location announced in the agenda

for the closed session, as long as the public is allowed to be

present at that location for the purpose of hearing the

announcements.

54957.8.  Nothing contained in this chapter shall be construed to

prevent the legislative body of a multijurisdictional drug law

enforcement agency, or an advisory body of a multijurisdictional drug

law enforcement agency, from holding closed sessions to discuss the

case records of any ongoing criminal investigation of the

multijurisdictional drug law enforcement agency or of any party to

the joint powers agreement, to hear testimony from persons involved

in the investigation, and to discuss courses of action in particular

cases.

   "Multijurisdictional drug law enforcement agency," for purposes of

this section, means a joint powers entity formed pursuant to Article

1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title

1, which provides drug law enforcement services for the parties to

the joint powers agreement.

   The Legislature finds and declares that this section is within the

public interest, in that its provisions are necessary to prevent the

impairment of ongoing law enforcement investigations, to protect

witnesses and informants, and to permit the discussion of effective

courses of action in particular cases.

54957.9.  In the event that any meeting is willfully interrupted by

a group or groups of persons so as to render the orderly conduct of

such meeting unfeasible and order cannot be restored by the removal

of individuals who are willfully interrupting the meeting, the

members of the legislative body conducting the meeting may order the

meeting room cleared and continue in session.  Only matters appearing

on the agenda may be considered in such a session.  Representatives

of the press or other news media, except those participating in the

disturbance, shall be allowed to attend any session held pursuant to

this section.  Nothing in this section shall prohibit the legislative

body from establishing a procedure for readmitting an individual or

individuals not responsible for willfully disturbing the orderly

conduct of the meeting.

54957.10.  Notwithstanding any other provision of law, a legislative

body of a local agency may hold closed sessions to discuss a local

agency employee's application for early withdrawal of funds in a

deferred compensation plan when the application is based on financial

hardship arising from an unforeseeable emergency due to illness,

accident, casualty, or other extraordinary event, as specified in the

deferred compensation plan.

54958.  The provisions of this chapter shall apply to the

legislative body of every local agency notwithstanding the

conflicting provisions of any other state law.

54959.  Each member of a legislative body who attends a meeting of

that legislative body where action is taken in violation of any

provision of this chapter, and where the member intends to deprive

the public of information to which the member knows or has reason to

know the public is entitled under this chapter, is guilty of a

misdemeanor.

54960.  (a) The district attorney or any interested person may

commence an action by mandamus, injunction or declaratory relief for

the purpose of stopping or preventing violations or threatened

violations of this chapter by members of the legislative body of a

local agency or to determine the applicability of this chapter to

actions or threatened future action of the legislative body, or to

determine whether any rule or action by the legislative body to

penalize or otherwise discourage the expression of one or more of its

members is valid or invalid under the laws of this state or of the

United States, or to compel the legislative body to tape record its

closed sessions as hereinafter provided.

   (b) The court in its discretion may, upon a judgment of a

violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or

54957.6, order the legislative body to tape record its closed

sessions and preserve the tape recordings for the period and under

the terms of security and confidentiality the court deems

appropriate.

   (c) (1) Each recording so kept shall be immediately labeled with

the date of the closed session recorded and the title of the clerk or

other officer who shall be custodian of the recording.

   (2) The tapes shall be subject to the following discovery

procedures:

   (A) In any case in which discovery or disclosure of the tape is

sought by either the district attorney or the plaintiff in a civil

action pursuant to Section 54959, 54960, or 54960.1 alleging that a

violation of this chapter has occurred in a closed session which has

been recorded pursuant to this section, the party seeking discovery

or disclosure shall file a written notice of motion with the

appropriate court with notice to the governmental agency which has

custody and control of the tape recording.  The notice shall be given

pursuant to subdivision (b) of Section 1005 of the Code of Civil

Procedure.

   (B) The notice shall include, in addition to the items required by

Section 1010 of the Code of Civil Procedure, all of the following:

   (i) Identification of the proceeding in which discovery or

disclosure is sought, the party seeking discovery or disclosure, the

date and time of the meeting recorded, and the governmental agency

which has custody and control of the recording.

   (ii) An affidavit which contains specific facts indicating that a

violation of the act occurred in the closed session.

   (3) If the court, following a review of the motion, finds that

there is good cause to believe that a violation has occurred, the

court may review, in camera, the recording of that portion of the

closed session alleged to have violated the act.

   (4) If, following the in camera review, the court concludes that

disclosure of a portion of the recording would be likely to

materially assist in the resolution of the litigation alleging

violation of this chapter, the court shall, in its discretion, make a

certified transcript of the portion of the recording a public

exhibit in the proceeding.

   (5) Nothing in this section shall permit discovery of

communications which are protected by the attorney-client privilege.

54960.1.  (a) The district attorney or any interested person may

commence an action by mandamus or injunction for the purpose of

obtaining a judicial determination that an action taken by a

legislative body of a local agency in violation of Section 54953,

54954.2, 54954.5, 54954.6, or 54956 is null and void under this

section.  Nothing in this chapter shall be construed to prevent a

legislative body from curing or correcting an action challenged

pursuant to this section.

   (b) Prior to any action being commenced pursuant to subdivision

(a), the district attorney or interested person shall make a demand

of the legislative body to cure or correct the action alleged to have

been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6,

or 54956.  The demand shall be in writing and clearly describe the

challenged action of the legislative body and nature of the alleged

violation.

   (c) (1) The written demand shall be made within 90 days from the

date the action was taken unless the action was taken in an open

session but in violation of Section 54954.2, in which case the

written demand shall be made within 30 days from the date the action

was taken.

   (2) Within 30 days of receipt of the demand, the legislative body

shall cure or correct the challenged action and inform the demanding

party in writing of its actions to cure or correct or inform the

demanding party in writing of its decision not to cure or correct the

challenged action.

   (3) If the legislative body takes no action within the 30-day

period, the inaction shall be deemed a decision not to cure or

correct the challenged action, and the 15-day period to commence the

action described in subdivision (a) shall commence to run the day

after the 30-day period to cure or correct expires.

   (4) Within 15 days of receipt of the written notice of the

legislative body's decision to cure or correct, or not to cure or

correct, or within 15 days of the expiration of the 30-day period to

cure or correct, whichever is earlier, the demanding party shall be

required to commence the action pursuant to subdivision (a) or

thereafter be barred from commencing the action.

   (d) An action taken that is alleged to have been taken in

violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956 shall

not be determined to be null and void if any of the following

conditions exist:

   (1) The action taken was in substantial compliance with Sections

54953, 54954.2, 54954.5, 54954.6, and 54956.

   (2) The action taken was in connection with the sale or issuance

of notes, bonds, or other evidences of indebtedness or any contract,

instrument, or agreement thereto.

   (3) The action taken gave rise to a contractual obligation,

including a contract let by competitive bid other than compensation

for services in the form of salary or fees for professional services,

upon which a party has, in good faith and without notice of a

challenge to the validity of the action, detrimentally relied.

   (4) The action taken was in connection with the collection of any

tax.

   (5) Any person, city, city and county, county, district, or any

agency or subdivision of the state alleging noncompliance with

subdivision (a) of Section 54954.2, Section 54956, or Section

54956.5, because of any defect, error, irregularity, or omission in

the notice given pursuant to those provisions, had actual notice of

the item of business at least 72 hours prior to the meeting at which

the action was taken, if the meeting was noticed pursuant to Section

54954.2, or 24 hours prior to the meeting at which the action was

taken if the meeting was noticed pursuant to Section 54956, or prior

to the meeting at which the action was taken if the meeting is held

pursuant to Section 54956.5.

   (e) During any action seeking a judicial determination pursuant to

subdivision (a) if the court determines, pursuant to a showing by

the legislative body that an action alleged to have been taken in

violation of Section 54953, 54954.2, 54954.5, 54954.6, or 54956 has

been cured or corrected by a subsequent action of the legislative

body, the action filed pursuant to subdivision (a) shall be dismissed

with prejudice.

   (f) The fact that a legislative body takes a subsequent action to

cure or correct an action taken pursuant to this section shall not be

construed or admissible as evidence of a violation of this chapter.

54960.5.  A court may award court costs and reasonable attorney fees

to the plaintiff in an action brought pursuant to Section 54960 or

54960.1 where it is found that a legislative body of the local agency

has violated this chapter.  The costs and fees shall be paid by the

local agency and shall not become a personal liability of any public

officer or employee of the local agency.

   A court may award court costs and reasonable attorney fees to a

defendant in any action brought pursuant to Section 54960 or 54960.1

where the defendant has prevailed in a final determination of such

action and the court finds that the action was clearly frivolous and

totally lacking in merit.

54961.  (a) No legislative body of a local agency shall conduct any

meeting in any facility that prohibits the admittance of any person,

or persons, on the basis of race, religious creed, color, national

origin, ancestry, or sex, or which is inaccessible to disabled

persons, or where members of the public may not be present without

making a payment or purchase.  This section shall apply to every

local agency as defined in Section 54951.

   (b) No notice, agenda, announcement, or report required under this

chapter need identify any victim or alleged victim of tortious

sexual conduct or child abuse unless the identity of the person has

been publicly disclosed.

54962.  Except as expressly authorized by this chapter, or by

Sections 1461, 1462, 32106, and 32155 of the Health and Safety Code

or Sections 37606 and 37624.3 of the Government Code as they apply to

hospitals, or by any provision of the Education Code pertaining to

school districts and community college districts, no closed session

may be held by any legislative body of any local agency.