Frequently Asked Questions about Permissible Closed Sessions of the Legislature

Frequently Asked Questions about Permissible Closed Sessions of the Legislature By Chris Micheli

            Does the state Constitution provide when the California Legislature can meet in closed session? Yes, it does so in Article IV, Section 7(c).

What does the California Constitution provide regarding closed session of the Legislature? There are specified instances, despite (“notwithstanding”) other open meeting provisions of the state Constitution, in which “closed sessions” may be held by the Legislature. The limitation is that these closed sessions “may be held solely” for the specified purposes.

What are those purposes for which the California Legislature may meet in closed session? It may meet in closed session for these reasons:

·         To consider the appointment, employment, evaluation of performance, or dismissal of a public officer or employee.

·         To consider or hear complaints or charges brought against a Member of the Legislature or other public officer or employee.

·         To establish the classification or compensation of an employee of the Legislature.

·         To consider matters affecting the safety and security of Members of the Legislature or its employees or the safety and security of any buildings and grounds used by the Legislature.

·         To confer with, or receive advice from, its legal counsel regarding pending or reasonably anticipated, or whether to initiate, litigation when discussion in open session would not protect the interests of the house or committee regarding the litigation.

 

Are these permitted closed sessions similar to those permitted of other legislative bodies? Yes, these authorized closed sessions are similar to exceptions allowed for other public bodies at the local and federal levels.

 

Is the public notified of these closed sessions? Yes, the Legislature is required to provide to the public reasonable notice of the closed session and the purpose of the closed session.

 

Are there any other instances of permitted closed sessions? Yes, “a caucus of the Members of the Senate, the Members of the Assembly, or the Members of both houses, which is composed of the members of the same political party, may meet in closed session.” This is the most common use of an authorized closed session – Democratic or Republican legislators in either house meeting together, usually at least once per week. They are also used from time-to-time during floor sessions to discuss timely issues.

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