Duval

This is an appeal from a judgment for defendant in an action alleging violations of the Ralph M. Brown Act, Government Code section 54950 et seq. (hereafter the Brown Act). The trial court concluded the first amended complaint failed to state a cause of action and granted defendant’s motion for summary judgment. Of particular concern to us is statutory language permitting a public agency’s board to close to the public a meeting for the purpose of the evaluation of the performance of a public employee. We will discuss, inter alia, the meaning of “evaluation of performance” and affirm the judgment.

Facts and Proceedings

As relevant here, the Brown Act requires the governing boards of local agencies to conduct their business in public meetings. The Brown Act provides certain exceptions to this public meeting requirement. If a board takes measures conforming to certain procedural requirements, it is permitted to hold a closed meeting, as relevant here, “to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee . . . .” (§ 54957.)

In a previous action, filed April 17, 1998, plaintiff and appellant Joe Duval sued…