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1040 Closed Sessions of the Governing Board

All regular and special meetings of the Governing Board shall be open to the public, except as otherwise required or permitted by law.

Consideration of litigation, matters relating to the appointment, employment, discipline, or dismissal of personnel, complaints against employees, evaluations of performance, student discipline, meetings on collective bargaining matters, and other subjects authorized by law, shall be undertaken in closed session.

Such considerations and any minutes of closed sessions on student or personnel matters, collective bargaining, and other topics authorized for consideration in closed session, and all information and documents pertaining to them including, but not limited to, discussions, information and documents which refer by name to particular persons and which are submitted to the Governing Board in confidence and are privileged as contemplated by Section 54957.5, Government Code, and all other matters, information and documents which are required or permitted by law to be confidential shall not be disclosed or made public. Mere discussion of a record in closed session does not by itself make that record confidential. A record is confidential when, by its nature and content, the public interest in withholding it clearly outweighs the public interest in disclosing it. Attorney-client communications related to pending litigation and to subjects authorized for closed session discussion are privileged and not subject to disclosure.

Prior to holding any closed session, the Board President or designee shall disclose, in open meeting, the item(s) to be discussed in closed session. The disclosure may be by reference to the item(s) as listed on the agenda. If the item involves pending litigation, the President or designee shall publicly announce the subdivision of Section 54956.9, Government Code, which authorizes the closed session or, in the alternative, the agenda shall state the specific subdivision related to the pending litigation.

As a condition to holding a closed session on complaints or charges against an employee, the employee shall be given written notice of the right to have the complaints or charges heard in open session. The notice shall be delivered personally or by mail at least twenty-four (24) hours prior to the session.

After any closed session, the Board shall reconvene into open session prior to adjournment and shall make the disclosures required by Section 54957.1, Government Code, of action taken, as provided below:

1) approval of an agreement on real estate negotiations and the substance of that agreement when the approval is made final by the Board; but if the agreement is to be made final by action of the other party, the Board shall report the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party has informed the District of its approval;

2) approval given to legal counsel to defend or appeal litigation or to participate in litigation as amicus curiae;

3) approval of a final settlement of pending litigation and the substance of that agreement; but if final approval rests with some other party, as soon as the settlement becomes final and upon inquiry by any person, the District shall disclose the fact of final approval and the substance of the agreement;

4) disposition reached on claims, identifying the claimant, the name of the agency claimed against (the District), the substance of the claim, and any monetary amount approved for payment and agreed upon by claimant;

5) action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of an employee, identifying the title of the position and any change in compensation. However, the report of a dismissal or non-renewal of an employment contract shall be deferred until the first public meeting following exhaustion of administrative remedies, if any;

6) approval of an agreement concluding labor negotiations when made final, accepted and ratified by the other party, identifying the item approved and the other party to the agreement.

When action is taken on any of the foregoing topics, the votes and abstentions of members shall be publicly disclosed.

Copies of any contracts, agreements, or other documents approved or adopted in closed session shall be made available to persons requesting them in writing or persons with standing requests for such documentation. Compliance with any such requests shall be undertaken at the end of the closed session or, where revisions are necessary, during business hours after completion of the revisions.

Agendas for closed sessions shall describe in particular detail authorized subjects for discussion or action in closed session as provided in Section 54954.5, Government Code.

The Governing Board, by a majority vote, may reprimand any Board Member or Members for an unauthorized disclosure of confidential or privileged material.

It is the intent of the Governing Board to invoke the privilege for "official information" provided by Evidence Code Section 1040 as to confidential matter, and to invoke such other privileges as are required or permitted by law to be confidential or privileged. Such discussions, minutes, information and documents shall not be disclosed or made public by individual members of the Governing Board unless the Governing Board officially authorizes such disclosure or publication by majority vote.

The Governing Board may, by majority, authorize disclosure or publication of all or any portion of such confidential discussions, minutes, information or documents if the Board determines that the public interest would be served from such disclosure or publication, and such disclosure is not otherwise prohibited.

These provisions are adopted by the Governing Board as Board policy and guidelines and may only be waived when, in the opinion of the Board, the public interest would be served from such waiver, by majority vote of all the membership constituting the Governing Board.

Reference:
Government Code Section 54950, et seq.; Education Code Section 72121, 72122;
Government Code Section 3549.1; Evidence Code Section 1040;
Civil Code Section 47; 58 OPS Cal Atty Gen 181
(Formerly Governing Board Policy 1030; adopted 10-20-81)
Revised and Adopted: 10-1-85, 1-2-90, 11-3-92, 4-4-95, 4-6-98