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Section 11126.3 Of Article 9. Meetings From California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 1. >> Article 9.
11126.3
. (a) Prior to holding any closed session, the state body
shall disclose, in an open meeting, the general nature of 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. If the session is closed pursuant to
paragraph (2) of subdivision (d) of Section 11126, the state body
shall state the title of, or otherwise specifically identify, the
proceeding or disciplinary action contemplated. However, should the
body determine that to do so would jeopardize the body's ability to
effectuate service of process upon one or more unserved parties if
the proceeding or disciplinary action is commenced or that to do so
would fail to protect the private economic and business reputation of
the person or entity if the proceeding or disciplinary action is not
commenced, then the state body shall notice that there will be a
closed session and describe in general terms the purpose of that
session. If the session is closed pursuant to subparagraph (A) of
paragraph (2) of subdivision (e) 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 disclosure.
(c) The disclosure 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 agenda has been published in compliance with this article, any pending litigation (under subdivision (e) 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, 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. Such an announcement shall be deemed to comply fully with the requirements of this section.
(e) Nothing in this section shall require or authorize a disclosure of names or other information that would constitute an invasion of privacy or otherwise unnecessarily divulge the particular facts concerning the closed session or the disclosure of which is prohibited by state or federal law.
(f) After any closed session, the state body shall reconvene into open session prior to adjournment and shall make any reports, provide any documentation, and make any other disclosures required by Section 11125.2 of action taken in the closed session.
(g) 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 announcement.
(b) In the closed session, the state body may consider only those matters covered in its disclosure.
(c) The disclosure 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 agenda has been published in compliance with this article, any pending litigation (under subdivision (e) 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, 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. Such an announcement shall be deemed to comply fully with the requirements of this section.
(e) Nothing in this section shall require or authorize a disclosure of names or other information that would constitute an invasion of privacy or otherwise unnecessarily divulge the particular facts concerning the closed session or the disclosure of which is prohibited by state or federal law.
(f) After any closed session, the state body shall reconvene into open session prior to adjournment and shall make any reports, provide any documentation, and make any other disclosures required by Section 11125.2 of action taken in the closed session.
(g) 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 announcement.
