Bagley-Keene
Open Meeting Act California Codes Government Code Section
11120-11132
11120.
It is the public policy of this state that public
agencies exist to aid in the conduct of the people's
business and the proceedings of public agencies
be conducted openly so that the public may remain
informed. In enacting this article the Legislature
finds and declares that it is the intent of the
law that actions of state agencies be taken openly
and that their deliberation 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. This article shall be known
and may be cited as the Bagley-Keene Open Meeting
Act.
11121.
As used in this article "state body"
means every state board, or commission, or similar
multimember body of the state which is required
by law to conduct official meetings and every
commission created by executive order, but does
not include:
(a)
State agencies provided for in Article VI of the
California Constitution.
(b)
Districts or other local agencies whose meetings
are required to be open to the public pursuant
to the Ralph M. Brown Act, (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of
Title 5).
(c)
State agencies provided for in Article IV of the
California Constitution whose meetings are required
to be open to the public pursuant to the Grunsky-Burton
Open Meeting Act (Sections 9027 to 9032, inclusive).
(d)
State agencies when they are conducting proceedings
pursuant to Section 3596.
(e)
State agencies provided for in Section 1702 of
the Health and Safety Code, except as provided
in Section 1720 of the Health and Safety Code.
(f)
State agencies provided for in Section 11770.5
of the Insurance Code.
11121.2.
As used in this article, "state body"
also means any board, commission, committee, or
similar multimember body which exercises any authority
of a state body delegated to it by that state
body.
11121.7. As used in this article,
"state body" also means any board, commission,
committee, or similar multimember body on which
a member of a body which is a state body pursuant
to Section 11121, 11121.2, or 11121.5 serves in
his or her official capacity as a representative
of such state body and which is supported, in
whole or in part, by funds provided by the state
body, whether such body is organized and operated
by the state body or by a private corporation.
11121.8. As used in this article,
"state body" also means any advisory
board, advisory commission, advisory committee,
advisory subcommittee, or similar multimember
advisory body of a state body,if created by formal
action of the state body or of any member of the
state body, and if the advisory body so created
consists of three or more persons.
11121.9. Each state body shall
provide a copy of this article to each member
of the state body upon his or her appointment
to membership or assumption of office.
11122. As used in this article
"action taken" means a collective decision
made by the members of a state body, a collective
commitment or promise by the members of the state
body to make a positive or negative decision or
an actual vote by the members of a state body
when sitting as a body or entity upon a motion,
proposal, resolution, order or similar action.
11123. (a) All meetings of a
state body shall be open and public and all persons
shall be permitted to attend any meeting of a
state body except as otherwise provided in this
article.
(b)
(1) Nothing in this article shall be construed
to prohibit a state body from holding an open
or closed meeting by teleconference if the convening
at one location of a quorum of the state body
is difficult or impossible, subject to all of
the following:
(A) The teleconferencing meeting shall comply
with all requirements of this article applicable
to other meetings.
(B) The portion of the teleconferenced meeting
that is required to be open to the public shall
be audible to the public at the location specified
in the notice of the meeting.
(c) Each teleconference location shall be identified
in the notice of the meeting and shall be accessible
to the public.
(D) All votes taken during a teleconferenced meeting
shall be by rollcall.
(E) The portion of the teleconferenced meeting
that is closed to the public may not include the
consideration of any agenda item being heard pursuant
to Section 11125.5 of the Government Code.
(F) At least one member of the state body shall
be physically present at the location specified
in the notice of the meeting.
(2) For the purposes of this subdivision, "teleconference"
means a conference of individuals in different
locations, connected by electronic means, through
either audio or video, or both.
(3) This subdivision shall not be operative and
shall have no effect on and after January 1, 1998.
11124.
No person shall be required, as a condition to
attendance at a meeting of a state body, 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 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.
11124.1.
Any person attending an open and public meeting
of the state body shall have the right to record
the proceedings on a tape recorder in the absence
of a reasonable finding of the state body that
such recording constitutes, or would constitute,
a disruption of the proceedings.
11125.
(a)
The state body shall provide notice of its meeting
to any person who requests such notice in writing.
Notice shall be given at least 10 days in advance
of the meeting, and shall include the name, address,
and telephone number of any person who can provide
further information prior to the meeting, but
need not include a list of witnesses expected
to appear at the meeting. The notice requirement
shall not preclude the acceptance of testimony
at meetings, other than emergency meetings, from
members of the public, provided, however, that
no action is taken by the state body at the same
meeting on matters brought before the body by
members of the public.
(b)
The notice of a meeting of a body which is a state
body as defined in Section 11121, 11121.2, 11121.5,
or 11121.7, shall include a specific agenda for
the meeting, which shall include the items of
business to be transacted or discussed, and no
item shall be added to the agenda subsequent to
the provision of this notice.
(c)
The notice of a meeting of an advisory body, which
is a state body as defined in Section 11121.8,
shall include a brief, general description of
the business to be transacted or discussed, and
no item shall be added subsequent to the provision
of the notice.
(d)
Notice of a meeting of a state body which complies
with this section shall also constitute notice
of a meeting of an advisory body of that state
body, provided that the business to be discussed
by the advisory body is covered by the notice
of the meeting of the state body, provided that
the specific time and place of the advisory body's
meeting is announced during the open and public
state body's meeting, and provided that the advisory
body's meeting is conducted within a reasonable
time of, and nearby, the meeting of the state
body.
(e)
A person may request, and shall be provided, notice
pursuant to subdivision (a) for all meetings of
a state body or for a specific meeting or meetings.
In addition, at the state body's discretion, a
person may request, and may be provided, notice
of only those meetings of a state body at which
a particular subject or subjects specified in
the request will be discussed.
(f)
A request for notice of more than one meeting
of a state body shall be subject to the provisions
of Section 14911.
11125.1.
(a)
Notwithstanding Section 6255 or any other provisions
of law, agendas of public meetings and other writings,
when distributed to all, or a majority of all,
of the members of a state body by a member, officer,
employee, or agent of such body for discussion
or consideration at a public meeting of such body,
are public records under the California Public
Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1) as soon as distributed,
and shall be made available pursuant to Sections
6253 and 6256. However, this section shall not
include any writing exempt from public disclosure
under Section 6253.5, 6254, or 6254.7.
(b)
Writings which are public records under subdivision
(a) and which are distributed prior to commencement
of a public meeting shall be made available for
public inspection upon request prior to commencement
of such meeting.
(c)
Writings which are public records under subdivision
(a) and which are distributed during a public
meeting and prior to commencement of their discussion
at such meeting shall be made available for public
inspection prior to commencement of, and during,
their discussion at such meeting.
(d)
Writings which are public records under subdivision
(a) and which are distributed during their discussion
at a public meeting shall be made available for
public inspection immediately or as soon thereafter
as is practicable.
(e)
Nothing in this section shall be construed to
prevent a state body from charging a fee or deposit
for a copy of a public record pursuant to Section
6257. The writings described in subdivisions (b),
(c), and (d) are subject to the requirements of
the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of
Title 1), and shall not be construed to exempt
from public inspection any record required to
be disclosed by that act, or to limit the public's
right to inspect any record covered by that act.
This section shall not be construed to be applicable
to any writings solely because they are properly
discussed in a closed session of a state body.
Nothing in this article shall be construed to
require a state body to place any paid advertisement
or any other paid notice in any publication.
(f)
"Writing" for purposes of this section
means "writing" as defined under Section
6252.
11125.2.
Any state body shall report publicly at a subsequent
public meeting any action taken, and any rollcall
vote thereon, to appoint, employ, or dismiss a
public employee arising out of any
closed
session of the state body.
11125.3.(a)
Notwithstanding Section 11125, a state body may
take action on items of business not appearing
on the posted agenda under any of the conditions
stated below:
(1) Upon a determination by a majority vote of
the state body that an emergency situation exists,
as defined in Section 11125.5.
(2) Upon a determination by a two-thirds vote
of the state body, or, if less than two-thirds
of the members are present, a unanimous vote of
those members present, that there exists a need
to take immediate action and that the need for
action came to the attention of the state body
subsequent to the agenda being posted as specified
in Section 11125.
(b)
Notice of the additional item to be considered
shall be provided to each member of the state
body and to all parties that have requested notice
of its meetings as soon as is practicable after
a determination of the need to consider the item
is made, but shall be delivered in a manner that
allows it to be received by the members and by
newspapers of general circulation and radio or
television stations at least 48 hours before the
time of the meeting specified in the notice. Notice
shall be made available to newspapers of general
circulation and radio or television stations by
providing that notice to all national press wire
services. Notice shall be provided to the general
public by placing it on appropriate electronic
bulletin boards or other appropriate mechanisms,
whenever the state body has the electronic capability
necessary to do so.
11125.5.
(a)
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 state body may hold an
emergency meeting without complying with the 10-day
notice requirement of Section 11125.
(b)
For purposes of this section, "emergency
situation" means any of the following, as
determined by a majority of the members of the
state body during a meeting prior to the emergency
meeting, or at the beginning of the emergency
meeting:
(1) Work stoppage or other activity which severely
impairs public health or safety, or both.
(2) Crippling disaster which severely impairs
public health or safety, or both.
(3) Difficulties with examinations for licensure
which require immediate attention.
(4) Administrative disciplinary matters, including,
but not limited to, consideration of proposed
decisions and stipulations, and pending litigation,
which require immediate attention.
(5) Consideration of applications for licensure
where a decision must be made in less than 10
days.
(6) Consideration by a licensing agency of proposed
legislation which requires immediate attention
due to legislative action which may be taken prior
to the next regularly scheduled meeting of the
agency, or due to time limitations imposed by
law.
(7) Action on a loan or grant provided pursuant
to Division 31 (commencing with Section 50000)
of the Health and Safety Code if a 10-day delay
would detrimentally affect the ability to provide
or operate low- or moderate-income housing or
seriously affect the fiscal integrity of the program
pursuant to which the loan or grant was made or
the assisted housing development.
(8) Action on a loan provided pursuant to subdivision
(d) of Section 8670.53.3 if the administrator
for oil spill response appointed by the Governor
pursuant to Section 8670.4 determines that a 10-day
delay would detrimentally affect the ability to
make the payments specified by subdivision (b)
of Section 8670.49.
(c)
However, newspapers of general circulation and
radio or television stations which have requested
notice of meetings pursuant to Section 11125 shall
be notified by the presiding officer of the state
body, or a designee thereof, one hour prior to
the emergency meeting by telephone. If telephone
services are not functioning, the notice requirements
of this section shall be deemed waived, and the
presiding officer of the state body, or a designee
thereof, 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.
(d)
The minutes of a meeting called pursuant to this
section, a list of persons who the presiding officer
of the state body, or a designee thereof, notified
or attempted to notify, a copy of the rollcall
vote, and any action taken at the meeting shall
be posted for a minimum of 10 days in a public
place as soon after the meeting as possible.
11125.7.
(a) Except as otherwise provided in this
section, the state body shall provide an opportunity
for members of the public to directly address
the state body on each agenda item before or during
the state body's discussion or consideration of
the item. This section is not applicable if the
agenda item has already been considered by a committee
composed exclusively of members of the state body
at a public meeting where 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 state body.
(b)
The state body 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 comment on particular issues and for each
individual speaker.
(c)
This section is not applicable to closed sessions
held pursuant to Section 11126.
(d)
This section is not applicable to decisions regarding
proceedings held pursuant to Chapter 5 (commencing
with Section 11500), relating to administrative
adjudication, or to the conduct of those proceedings.
(e)
This section is not applicable to hearings conducted
by the State Board of Control pursuant to Sections
13963 and 13963.1.
(f)
This section is not applicable to agenda items
which involve decisions of the Public Utilities
Commission regarding adjudicatory hearings held
pursuant to Chapter 9 (commencing with Section
1701) of Part 1 of Division 1 of the Public Utilities
Code. For the purposes of this subdivision, "adjudicatory
hearing" has the same meaning as defined
in subdivision (f) of Section 11500 of the Government
Code. For all other agenda items, the commission
shall provide members of the public, other than
those who have already participated in the proceedings
underlying the agenda item, an opportunity to
directly address the commission before or during
the commission's consideration of the item.
11126.(a)
Nothing in this article shall be construed to
prevent a state body from holding closed sessions
during a regular or special meeting to consider
the appointment, employment, or dismissal of a
public employee or to hear complaints or charges
brought against that employee by another person
or employee unless the employee requests a public
hearing. As a condition to holding a closed session
on the complaints or charges to consider disciplinary
action or to consider dismissal, the employee
shall be given written notice of his or her right
to have a public hearing, 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 a regular or special
meeting. If notice is not given, any disciplinary
or other action taken against any employee at
the closed session shall be null and void. The
state body also may exclude from any public or
closed session, during the examination of a witness,
any or all other witnesses in the matter being
investigated by the state body. Following the
public hearing or closed session, the body may
deliberate on the decision to be reached in a
closed session. For the purposes of this section,
"employee" shall not include any person
who is elected to, or appointed to a public office
by, any state body. However, officers of the California
State University who receive compensation for
their services, other than per diem and ordinary
and necessary expenses, shall, when engaged in
that capacity, be considered employees. Furthermore,
for purposes of this section, the term employee
shall include a person exempt from civil service
pursuant to subdivision (e) of Section 4 of Article
VII of the California Constitution.
(b)
Nothing in this article shall be construed to
prevent state bodies which administer the licensing
of persons engaging in businesses or professions
from holding closed sessions to prepare, approve,
grade, or administer examinations.
(c)
Nothing in this article shall be construed to
prevent an advisory body of a state body which
administers the licensing of persons engaged in
businesses or professions from conducting a closed
session to discuss matters which the advisory
body has found would constitute an unwarranted
invasion of the privacy of an individual licensee
or applicant if discussed in an open meeting,
provided the advisory body does not include a
quorum of the members of the state body it advises.
Those matters may include review of an applicant's
qualifications for licensure and an inquiry specifically
related to the state body's enforcement program
concerning an individual licensee or applicant
where the inquiry occurs prior to the filing of
a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the
state body.
(d)
Nothing in this article shall be construed to
prohibit a state body from holding a closed session
to deliberate on a decision to be reached in a
proceeding required to be conducted pursuant to
Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 or similar provisions
of law.
(e)
Nothing in this article shall be construed to
prevent any state body from holding a closed session
to consider matters affecting the national security.
(f)
Nothing in this article shall be construed to
grant a right to enter any correctional institution
or the grounds of a correctional institution where
that right is not otherwise granted by law, nor
shall anything in this article be construed to
prevent a state body from holding a closed session
when considering and acting upon the determination
of a term, parole, or release of any individual
or other disposition of an individual case, or
if public disclosure of the subjects under discussion
or consideration is expressly prohibited by statute.
(g)
Nothing in this article shall be construed to
prevent any closed session to consider the conferring
of honorary degrees, or gifts, donations, and
bequests which the donor or proposed donor has
requested in writing to be kept confidential.
(h)
Nothing in this article shall be construed to
prevent the Alcoholic Beverage Control Appeals
Board from holding a closed session for the purpose
of holding a deliberative conference as provided
in Section 11125.
(i)
Nothing in this article shall be construed to
prevent a state body from holding closed sessions
with its negotiator prior to the purchase, sale,
exchange, or lease of real property by or for
the state body to give instructions to its negotiator
regarding the price and terms of payment for the
purchase, sale, exchange, or lease. However, prior
to the closed session, the state body shall hold
an open and public session in which it identifies
the real property or real properties which the
negotiations may concern and the person or persons
with whom its negotiator may negotiate. For purposes
of this subdivision, the negotiator may be a member
of the state body. For purposes of this subdivision,
"lease" includes renewal or renegotiation
of a lease. Nothing in this subdivision shall
preclude a state body from holding a closed session
for discussions regarding eminent domain proceedings
pursuant to subdivision (q).
(j)
(1) Nothing in this article shall be construed
to prevent the California Postsecondary Education
Commission from holding closed sessions to consider
matters pertaining to the appointment or termination
of the Director of the California Postsecondary
Education Commission.
(2) Nothing in this article shall be construed
to prevent the Council for Private Postsecondary
and Vocational Education from holding closed sessions
to consider matters pertaining to the appointment
or termination of the Executive Director of the
Council for Private Postsecondary and Vocational
Education.
(k)
Nothing in this article shall be construed to
prevent the Franchise Tax Board from holding closed
sessions for the purpose of discussion of confidential
tax returns or data the public disclosure of which
is prohibited by law, or from considering matters
pertaining to the appointment or removal of the
Executive Officer of the Franchise Tax Board.
(l)
Nothing in this article shall be construed to
prevent the Board of Corrections from holding
closed sessions when considering reports of crime
conditions under Section 6027 of the Penal Code.
(m)
Nothing in this article shall be construed to
prevent the State Air Resources Board from holding
closed sessions when considering the proprietary
specifications and performance data of manufacturers.
(n)
Nothing in this article shall be construed to
prevent a state body that invests retirement,
pension, or endowment funds from holding closed
sessions when considering investment decisions.
For purposes of consideration of shareholder voting
on corporate stocks held by the state body, closed
sessions for the purposes of voting may be held
only with respect to election of corporate directors,
election of independent auditors, and other financial
issues that could have a material effect on the
net income of the corporation. For the purpose
of real property investment decisions that may
be considered in a closed session pursuant to
this subdivision, a state body shall also be exempt
from the provision of subdivision (i) relating
to the identification of real properties prior
to the closed session.
(o)
Nothing in this article shall be construed to
prevent a state body, or boards, commissions,
administrative officers, or other representatives
that may properly be designated by law or by a
state body, from holding closed sessions with
its representatives in discharging its responsibilities
under Chapter 10 (commencing with Section 3500)
of Division 4 of Title 1 as the sessions relate
to salaries, salary schedules, or compensation
paid in the form of fringe benefits. For the purposes
enumerated in the preceding sentence, a state
body may also meet with a state conciliator who
has intervened in the proceedings.
(p)
Notwithstanding any other provision of law, any
meeting of the Public Utilities Commission at
which the rates of entities under the commission's
jurisdiction are changed shall be open and public.
Nothing in this article shall be construed to
prevent the Public Utilities Commission from holding
closed sessions to deliberate on the institution
of proceedings, or disciplinary actions against
regulated utilities.
(q)
Nothing in this article shall be construed to
prevent a state body, based on the 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 state body in the
litigation. For purposes of this article, all
expressions of the lawyer-client privilege other
than those provided in this subdivision are hereby
abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of
conducting closed-session meetings pursuant to
this article. For purposes of this subdivision,
litigation shall be considered pending when any
of the following circumstances exist:
(1) An adjudicatory proceeding before a court,
an administrative body exercising its adjudicatory
authority, a hearing officer, or an arbitrator,
to which the state body is a party, has been initiated
formally.
(2) (A) A point has been reached where, in the
opinion of the state body on the advice of its
legal counsel, based on existing facts and circumstances,
there is a significant exposure to litigation
against the state body; or
(B) Based on existing facts and circumstances,
the state body is meeting only to decide whether
a closed session is authorized pursuant to subparagraph
(A).
(3) Based on existing facts and circumstances,
the state body has decided to initiate or is deciding
whether to initiate litigation. The legal counsel
of the state body shall prepare and submit to
it a memorandum stating the specific reasons and
legal authority for the closed session. If the
closed session is pursuant to paragraph (1), the
memorandum shall include the title of the litigation.
If the closed session is pursuant to paragraph
(2) or (3), the memorandum shall include the existing
facts and circumstances on which it is based.
The legal counsel shall submit the memorandum
to the state body prior to the closed session,
if feasible, and in any case no later than one
week after the closed session. The memorandum
shall be exempt from disclosure pursuant to Section
6254.25. For purposes of this subdivision, "litigation"
includes any adjudicatory proceeding, including
eminent domain, before a court, administrative
body exercising its adjudicatory authority, hearing
officer, or arbitrator. Disclosure of a memorandum
required under this subdivision shall not be deemed
as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the
Evidence Code.
(r)
Nothing in this article shall be construed to
prevent a state body operating under a joint powers
agreement for insurance pooling from holding a
closed session to discuss a claim for the payment
of tort liability or public liability losses incurred
by the state body or any member agency under the
joint powers agreement.
(s)
Nothing in this article shall be construed to
prevent the examining committee established by
the State Board of Forestry, pursuant to Section
763 of the Public Resources Code, from conducting
a closed session to consider disciplinary action
against an individual professional forester prior
to the filing of an accusation against the forester
pursuant to Section 11503.
(t)
Nothing in this article shall be construed to
prevent an administrative committee established
by the State Board of Accountancy pursuant to
Section 5020 or 5020.3 of the Business and Professions
Code from conducting a closed session to consider
disciplinary action against an individual accountant
prior to the filing of an accusation against the
accountant pursuant to Section 11503. Nothing
in this article shall be construed to prevent
an examining committee established by the Board
of Accountancy pursuant to Section 5023 of the
Business and Professions Code from conducting
a closed hearing to interview an individual applicant
or accountant regarding the applicant's qualifications.
(u)
Nothing in this article shall be construed to
prevent a state body, as defined in Section 11121.2,
from conducting a closed session to consider any
matter that properly could be considered in closed
session by the state body whose authority it exercises.
(v)
Nothing in this article shall be construed to
prevent a state body, as defined in Section 11121.7,
from conducting a closed session to consider any
matter that properly could be considered in a
closed session by the body defined as a state
body pursuant to Section 11121, 11121.2, or 11121.5.
(w)
Nothing in this article shall be construed to
prevent a state body, as defined in Section 11121.8,
from conducting a closed session to consider any
matter that properly could be considered in a
closed session by the state body it advises.
(x)
Nothing in this article shall be construed to
prevent the State Board of Equalization from holding
closed sessions for either of the following:
(1) When considering matters pertaining to the
appointment or removal of the executive secretary
of the State Board of Equalization.
(2) For the purpose of hearing confidential taxpayer
appeals or data, the public disclosure of which
is prohibited by law.
(y)
Nothing in this article shall be construed to
prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the
Director of the Office of Emergency Services or
the Governor pursuant to Section 8590 concerning
matters relating to volcanic or earthquake predictions,
from holding closed sessions when considering
the evaluation of possible predictions.
(z)
This article shall not prevent the Teachers' Retirement
Board or the Board of Administration of the Public
Employees' Retirement System from holding closed
sessions when considering matters pertaining to
the recruitment, appointment, employment, or removal
of the chief executive officer or when considering
matters pertaining to the recruitment or removal
of the Chief Investment Officer of the State Teachers'
Retirement System or the Public Employees' Retirement
System.
(aa)
This article shall not prevent the Commission
on Teacher Credentialing from holding closed sessions
when considering matters relating to the recruitment,
appointment, or removal of its executive director.
11126.1.
The state body shall designate a clerk or other
officer or employee of the state body, who shall
then attend each closed session of the state 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 to members
of the state body or, if a violation of this chapter
is alleged to have occurred at a closed session,
to a court of general jurisdiction. Such minute
book may, but need not, consist of a recording
of the closed session.
11126.3. (a) Prior to holding
any closed session, the state body shall state
the general reason or reasons for the closed session,
and cite the specific statutory authority, including
the particular section, subdivision, and paragraph
under which the session is being held. If the
session is closed pursuant to paragraph (1) of
subdivision (q) of Section 11126, the state 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 body'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.
(b)
In the closed session, the state body may consider
only those matters covered in its statement.
(c)
The statement shall be made as part of the notice
provided for the meeting pursuant to Section 11125
or pursuant to subdivision (a) of Section 92032
of the Education Code and of any order or notice
required by Section 11129.
(d)
If, after the closed session agenda has been published
in compliance with this section, any additional
pending litigation (under subdivision (q) of Section
11126) matters arise, the postponement of which
will prevent the state body from complying with
any statutory, court-ordered, or other legally
imposed deadline, the state body may proceed to
discuss those matters in closed session and shall
publicly announce in the meeting the title of,
or otherwise specifically identify, the litigation
to be discussed. Such an announcement shall be
deemed to comply fully with the requirements of
this section.
(e)
Nothing in this section shall require or authorize
the giving of names or other information which
would constitute an invasion of privacy or otherwise
unnecessarily divulge the particular facts concerning
the closed session.
11126.5.
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 removalof
individuals who are willfully interrupting the
meeting the state body conducting the meeting
may order the meeting room cleared and continue
in session. Nothing in this section shall prohibit
the state body from establishing a procedure for
readmitting an individual or individuals not responsible
for willfully disturbing the orderly conduct of
the meeting. Notwithstanding any other provision
of law, 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.
11126.7. No fees may be charged
by a state body for providing a notice required
by Section 11125 or for carrying out any provision
of this article, except as specifically authorized
pursuant to this article.
11127. Each provision of this
article shall apply to every state body unless
the body is specifically excepted from that provision
by law or is covered by any other conflicting
provision of law.
11128. Each closed session of
a state body shall be held only during a regular
or special meeting of the body.
11129. Any hearing being held,
or noticed or ordered to be held by a state body
at any meeting may by order or notice of continuance
be continued or recontinued to any subsequent
meeting of the state body which is noticed pursuant
to Section 11125. A copy of the order or notice
of continuance shall be conspicuously posted on
or near the door of the place where the hearing
was held within 24 hours after the time of the
continuance; 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.
11130. 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 article or to determine the applicability
of this article to actions or threatened future
action by members of the state body.
11130.3. (a) Any interested person
may commence an action by mandamus, injunction,
or declaratory relief for the purpose of obtaining
a judicial determination that an action taken
by a state body in violation of Section 11123
or 11125 is null and void under this section.
Any action seeking such a judicial determination
shall be commenced within 30 days from the date
the action was taken. Nothing in this section
shall be construed to prevent a state body from
curing or correcting an action challenged pursuant
to this section.
(b)
An action shall not be determined to be null and
void if any of the following conditions exist:
(1) 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 related thereto.
(2) The action taken gave rise to a contractual
obligation upon which a party has, in good faith,
detrimentally relied.
(3) The action taken was in substantial compliance
with Sections 11123 and 11125.
(4) The action taken was in connection with the
collection of any tax.
11130.5.
A court may award court costs and reasonable attorney's
fees to the plaintiff in an action brought pursuant
to Section 11130 or 11130.3 where it is found
that a state body has violated the provisions
of this article. The costs and fees shall be paid
by the state body and shall not become a personal
liability of any public officer or employee thereof.
A court may award court costs and reasonable attorney's
fees to a defendant in any action brought pursuant
to Section 11130 or 11130.3 where the defendant
has prevailed in a final determination of the
action and the court finds that the action was
clearly frivolous and totally lacking in merit.
11130.7. Each member of a state
body who attends a meeting of such body in violation
of any provision of this article, with knowledge
of the fact that the meeting is in violation thereof,
is guilty of a misdemeanor.
11131. No state agency shall
conduct any meeting, conference, or other function
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. As used in this section, "state agency"
means and includes every state body, office, officer,
department, division, bureau, board, council,
commission, or other state agency.
11132. Except as expressly authorized
by this article, no closed session may be held
by any state body.
