§ 25-2.406. Report of closed session actions.

(a)

After every closed session, a policy body may in its discretion and in the public interest, disclose to the public any portion of its discussion the disclosure of which is not prohibited by federal or state law. The body shall, by motion and vote in open session, elect either to disclose no information or to disclose the information which a majority deems to be in the public interest. The disclosure shall be made through the presiding officer of the body or such other person, present in the closed session, whom he or she designates to convey the information.

(b)

A policy body shall publicly report any final action taken in closed session and the vote or abstention of every member present thereon, as follows:

(1)

Real Property Negotiations. Direction or approval given to the policy body's negotiator concerning real estate negotiations pursuant to Government Code Section 54956.8 shall be reported as soon as the agreement is final. If its own approval renders the agreement final, the policy body shall report that approval, the substance of the agreement and the vote thereon in open session immediately. If final approval rests with the other party to the negotiations, the county shall disclose the fact of that approval, the substance of the agreement and the policy body's vote or votes thereon upon inquiry by any person, as soon as the other party or its agent has informed the county of its approval.

(2)

Litigation. Direction or approval given to the policy body's legal counsel to prosecute, defend or seek or refrain from seeking appellate review or relief, or to otherwise enter as a party, intervenor or amicus curiae in any form of litigation as the result of a consultation under Government Code Section 54956.9 shall be reported in open session as soon as given, or at the first meeting after the adverse parties have been served if, in the opinion of legal counsel, earlier disclosure would jeopardize the county's ability to effectuate service of process or to conclude existing settlement negotiations to its advantage, in a manner that identifies the adverse party or parties, any co-parties with the county, and the substance of the litigation, including the circumstances leading to the dispute.

(3)

Settlement. Approval given to the policy body's legal counsel of a settlement of pending litigation as defined in Government Code Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding, shall be reported as soon as the settlement is final. If its own approval renders the settlement final, the policy body shall report that approval, the substance of the agreement and the vote thereon in open session immediately. If final approval rests with some other party to the litigation, the county shall disclose the fact of that approval, the substance of the agreement and the policy body's vote or votes thereon upon inquiry by any person, as soon as the settlement is final. The county shall neither solicit nor agree to any term in a final settlement which would preclude the release of the text and terms of the settlement itself and any related documentation communicated to or received from the adverse party or parties, or any other materials not originally constituting a confidential communication between the county and its counsel. The county shall oppose any request for confidentiality to which it is proposed the county would be a party.

(4)

Claim Payments. Disposition reached as to claims discussed in closed session pursuant to Government Code Section 54956.95 shall be reported as soon as agreed upon by the claimant, in a manner that discloses the name of the claimant, the substance of the claim, and any monetary amount approved for payment.

(5)

Employee Actions. Action taken by a policy body to appoint, employ, dismiss, transfer, accept the resignation of or otherwise modify the terms or duration of the employment contract of a public employee in closed session pursuant to Government Code Section 54957, shall be reported immediately in a manner that names the employee and position affected and specifies any change in compensation, job description, assignment or other contract particulars and, in the case of dismissal for a violation of law or of the policy of the county, the reason for dismissal. "Dismissal" within the meaning of this division includes any termination of employment at the will of the employer rather than of the employee, however characterized, including a resignation tendered as an alternative to involuntary termination. The proposed terms of any separation agreement shall be disclosed, along with its final terms, immediately upon final approval by the policy body. Provided, that the report of a dismissal or the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.

(6)

Collective Bargaining. Approval of a final agreement concluding labor negotiations pursuant to Government Code Section 54957.6 shall be reported as soon as it has been approved and ratified by all parties in a manner that describes the item approved, and identifies the other party or parties to negotiation. Such disclosure shall include all formal offers and counteroffer made over the term of the negotiations.

(c)

Reports required to be made immediately may be made orally or in writing, but shall be supported by copies of any contracts, settlement agreements, or other affected documents that were finally approved or adopted by both sides after action in the closed session. These documents shall be provided to any person who requested such copies in a written request submitted within twenty-four hours of the posting of the agenda, or who has made a standing request for all such documentation as part of a request for notice of meetings pursuant to Government Code Sections 54944.1 or 54946.

(Ord. No. 95-6)

Article 25-2.6. Public Participation