text: GAMUT Online : El Dorado Union HSD : Closed Session Purposes And Agendas BB 9321
  The Governing Board is committed to complying with state open meeting laws and modeling transparency in its conduct of district business. The Board shall hold closed sessions only for purposes identified in law. A closed session may be held during a regular, special meeting, or emergency meetings in accordance with law.
  The Board shall not disclose any information that is protected by state or federal law. In addition, no victim or alleged victim of tortious sexual conduct or child abuse shall be identified in any Board agenda, notice, announcement, or report by the Brown Act, unless the identity of the person has been previously publicly disclosed. (Government Code 54957.7, 54961)
  The Board may hold closed session under the "personnel exception" to consider the appointment, employment, evaluation of performance, discipline, or dismissal of an employee. Such a closed session shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. (Government Code 54957)
  The Board may also hold closed sessions to hear complaints or charges brought against an employee by another person or employee, unless the employee requests an open session. Before the Board holds a closed session on specific complaints or charges brought against an employee, the employee shall receive written notice of his/her right to have the complaints or charges heard in open session if desired. This notice shall be delivered personally or by mail at least 24 hours before the time of the session. (Government Code 54957)
  3.	Any hearing, meeting, or investigation conducted by a fact finder or arbitrator
  The Board may meet in closed session to review the Board's position and/or instruct its designated representative regarding salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees. Prior to closed session, the Board shall identify its designated representative in open session. Any closed session held for this purpose may include discussions of the district's available funds and funding priorities, but only insofar as they relate to providing instructions to the district's designated representative. (Government Code 54957.6)
  For represented employees, the Board may also meet in closed session regarding any other matter within statutorily provided scope of representative. (Government Code 54957.6)
  The Board also may meet in closed session with a state conciliator or a mediator who has intervened in these proceedings regarding any of the purposes enumerated in Government Code 54957.6.
  Agenda items related to negotiations shall specify the name of the district's designated representative(s) attending the closed session. If circumstances necessitate the absence of a specified designated representative, then an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced in an open session held prior to adjourning into the closed session. The agenda shall also specify the name of the organization representing the employee(s) or the position title of the unrepresented employee who is the subject of the negotiations. (Government Code 54954.5)
  The Board shall meet in closed session to consider the expulsion of a student, unless the student submits a written request at least 5 days before the date of the hearing that the hearing be held in open session. Regardless of whether the expulsion hearing is conducted in open or closed session, the Board may meet in closed session for the purpose of deliberating and determining whether the student should be expelled. (Education Code 48918)
  The Board shall meet in closed session to address any student matter that may involve disclosure of confidential student information or to consider a suspension, disciplinary action, or any other action except expulsion. If a written request for open session is received from the parent/guardian or adult student, it will be honored to the extent that it does not violate the privacy rights of any other student. (Education Code 35146, 48912, 49070)
  The Board may meet in closed session with the Attorney General, district attorney or county counsel, sheriff or chief of police or their respective deputies or security consultant, or a security operations manager, on matters posing a threat to the security of public buildings, to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric services, or the public's right of access to public services or public facilities. (Government Code 54957)
  The Board may meet in closed session with the Board's real property negotiator prior to the purchase, sale, exchange, or lease of real property by or for the district in order to grant its negotiator the authority regarding the price and terms of the property. (Government Code 54956.8)
  Based on the advice of its legal counsel, the Board may hold a closed session to confer with or receive advice from its legal counsel regarding pending litigation when a discussion of the matter in open session would prejudice the district's position in the litigation. For this purpose, litigation includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (Government Code 54956.9)
  1.	Litigation to which the district is a "party" has been initiated formally. (Government Code 54956.9 (a))
  2.	A point has been reached where, in the Board's opinion based on the advice of legal counsel and on the "existing facts and circumstances," there is a "significant exposure to litigation" against the district, or the Board is meeting solely to determine whether, based on existing facts or circumstances, a closed session is authorized. (Government Code 54956.9 (b))
  b.	Facts and circumstances including, but not limited to, accidents, disasters, incidents, or transactional occurrences which might result in litigation against the district, which are already known to potential plaintiffs, and which must be publicly disclosed before the closed session or specified on the agenda.
  3.	Based on existing facts and circumstances, the Board has decided or is deciding whether to initiate litigation. (Government Code 54956.9 (c))
  Before holding a closed session pursuant to this section, the Board shall state on the agenda or publicly announce the subdivision of Government Code 54956.9 under which the closed session is being held. If authority is based on Government Code 54956.9(a), the Board shall either state the title of or specifically identify the litigation to be discussed or state that doing so would jeopardize the district's ability to effectuate service of process upon unserved parties or to conclude existing settlement negotiations to its advantage. (Government Code 54956.9)
  Existing litigation items shall identify the name of the case specified by either the claimants name, names of parties, and case or claim number, unless the Board states that to identify the case would jeopardize service of process or existing settlement negotiations. (Government Code 54954.5)
  Anticipated litigation items shall state that there is significant exposure to litigation pursuant to Government Code 54956.9(b) and shall specify the potential number of cases. When the district expects to initiate a suit, items related to anticipated litigation shall state that the discussion relates to the initiation of litigation pursuant to Government Code 54956.9(c) and shall specify the potential number of cases. The agenda or an oral statement before the closed session may be required to provide additional information described in items #2 b-e above. (Government Code 54954.5)
  The Board may meet in closed session to discuss a claim for the payment of tort liability losses, public liability losses or workers' compensation liability incurred by a joint powers agency (JPA) formed for the purpose of insurance pooling or self-insurance authority of which the district is a member. (Government Code 54956.95)
  Closed session agenda items related to conferences involving a JPA shall specify the closed session description used by the JPA and the name of the Board member representing the district on the JPA board. Additional information listing the names of agencies or titles of representatives shall also be included. (Government Code 54954.5)
  Closed session agenda items related to an audit by the Bureau of State Audits shall state Audit by Bureau of State Audits. (Government Code 54954.5)