Untitled California Attorney General Opinion

BACKGROUND

The Ralph M. Brown Act is an open meeting law that applies to local government agencies in California. 1 With certain exceptions, the Act requires the “legislative body” of a local agency to deliberate and take action in meetings that are open to the public. 2 As the Act explains, public agencies exist to help conduct the people’s business, and the people “insist on remaining informed so that they may retain control over the instruments they have created.”

At the same time, however, the Act recognizes exceptional situations where the need for confidentiality outweighs the interest in openness. 4 An agency may therefore at times meet in closed session, but only if the Act expressly authorizes it. 5 The Act expressly authorizes a closed session in more than a dozen narrow circumstances.

For example, an agency may meet in closed session to confer with its attorney about “pending litigation” when open discussion would prejudice the agency, or to direct its negotiator of a property transaction on particular matters such as price. 6 An agency

1 Gov. Code, §§ 54950 et seq. 2 Id., §§ 54950, 54951 (defining “local agency”), 54952 (defining “legislative body”), 54952.2,…