2005 California Education Code Sections 89305-89307.4 Article 1.5. Gloria Romero Open Meetings Act of 2000

EDUCATION CODE
SECTION 89305-89307.4

89305.  This article shall be known, and may be cited, as the Gloria
Romero Open Meetings Act of 2000.
89305.1.  (a) A legislative body of a student body organization
shall conduct its business in public meetings.  All meetings of the
legislative body shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body, except as
otherwise provided in this article.
   (b) (1) As used in this article:
   (A) "Legislative body" means any or all of the following:
   (i) The governing body of any entity formed or operating pursuant
to Section 89300.
   (ii) The governing body of any statewide student organization that
represents either the students of the California State University or
the governing bodies of the student body organizations of the
campuses of the California State University, or both.
   (iii) A commission, committee, board, subboard, or other body,
whether permanent or temporary, created by charter, resolution, or
formal action of a legislative body described in clause (i) or (ii).
However, an advisory committee is not a legislative body, except
that a standing committee of a legislative body, irrespective of its
composition, that has a continuing subject matter jurisdiction, or a
meeting schedule established by charter, resolution, or formal action
of a legislative body is a legislative body for purposes of this
article.
   (B) "Meeting" includes any congregation of a majority of the
membership of a legislative body at the same time and place to hear,
discuss, or deliberate upon any item that is within the subject
matter jurisdiction of the legislative body to which it pertains.
"Meeting" does not include, and nothing in this section imposes the
requirements of this article upon, any of the following:
   (i) Individual contacts or conversations between a member of a
legislative body and any other person.
   (ii) The attendance of a majority of the members of a legislative
body at a conference or similar gathering open to the public that
involves a discussion of issues of general interest to the public or
to higher education of the type represented by the legislative body,
provided that a majority of the members do not discuss among
themselves, other than as a part of the scheduled program, business
of a specified nature that is within the subject matter jurisdiction
of the legislative body.  Nothing in this clause is intended to allow
members of the public free admission to a conference or similar
gathering at which the organizers have required other participants or
registrants to pay fees or charges as a condition of attendance.
   (iii) The attendance of a majority of the members of a legislative
body at an open and noticed meeting of another body or entity
created or formed by the legislative body, provided that a majority
of the members do not discuss among themselves, other than as a part
of the scheduled meeting, business of a specific nature that is
within the subject matter jurisdiction of the legislative body.
   (iv) The attendance of a majority of the members of a legislative
body at a purely social or ceremonial occasion, provided that a
majority of the members do not discuss among themselves business of a
specific nature that is within the subject matter jurisdiction of
the legislative body.
   (2) For the purposes of this section, "teleconference" means a
meeting of a legislative body, the members of which are in different
locations, connected by electronic means, through either audio or
video, or both.
   (c) (1) Notwithstanding any other provision of law, the
legislative body may use teleconferencing for the benefit of the
public and the legislative body in connection with any meeting or
proceeding authorized by law.  The teleconferenced meeting or
proceeding shall comply with all requirements of this chapter and all
otherwise applicable provisions of law.
   (2) Teleconferencing, as authorized by this section, may be used
for all purposes in connection with any meeting within the subject
matter jurisdiction of the legislative body.  All votes taken during
a teleconferenced meeting shall be by rollcall.
   (3) If the legislative body elects to use teleconferencing, it
shall post agendas at all teleconference locations and conduct
teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before
the legislative body.  Each teleconference location shall be
identified in the notice and agenda of the meeting or proceeding, and
each teleconference location shall be accessible to the public.  The
agenda shall provide an opportunity for members of the public to
address the legislative body directly pursuant to Section 89306 at
each teleconference location.
   (d) Nothing in this section shall prohibit a student body
organization from providing the public with additional teleconference
locations.
   (e) No legislative body shall take action by secret ballot,
whether preliminary or final.
89305.4.  As used in this article, "action taken" means a collective
decision made by a majority of the members of a legislative body, a
collective commitment or promise by a majority of the members of a
legislative body to make a positive or a negative decision, or an
actual vote by a majority of the members of a legislative body when
sitting as a body or entity, upon a motion, proposal, report,
resolution, order, or recommendation.
89305.5.  (a) Each legislative body shall annually establish, by
resolution, bylaws, or whatever other rule is required for the
conduct of business by that body, the time and locations for holding
regular meetings.
   (b) (1) At least 72 hours before a regular meeting, the
legislative body, or its designee, shall post an agenda containing a
brief general description of each item of business to be transacted
or discussed at the meeting, including items to be discussed in
closed session.  A brief general description of an item generally
need not exceed 20 words.  The agenda shall specify the time and
location of the regular meeting and shall be posted in a location
that is freely accessible to members of the public.
   (2) No action or discussion shall be undertaken on any item not
appearing on the posted agenda, except that a member of a legislative
body, or a member of his or her staff, may briefly respond to
statements made or questions posed by a person exercising his or her
public testimony rights under Section 89306.  In addition, on his or
her own initiative or in response to questions posed by the public, a
member of a legislative body, or a member of his or her staff, may
ask a question for clarification, make a brief announcement, or make
a brief report on his or her own activities.  Furthermore, a member
of a legislative body, or the body itself, subject to the rules or
procedures of the legislative body, may provide a reference to staff
or other resources for factual information, request staff to report
back to the body at a subsequent meeting concerning any matter, or
take action to direct staff to place a matter of business on a future
agenda.
   (c) Notwithstanding subdivision (b), the legislative body may take
action on items of business that do not appear on the posted agenda,
but are publicly identified under any of the following conditions:
   (1) Upon a determination, pursuant to Section 89306.5, by the
membership of the legislative body that an emergency situation
exists.
   (2) Upon a determination by a two-thirds vote of the members of
the legislative body present at the meeting, or, if less than
two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and
that the need for action came to the attention of the legislative
body subsequent to the agenda being posted as specified in
subdivision (b).
   (3) The item was posted pursuant to subdivision (b) for a prior
meeting of the legislative body occurring not more than five calendar
days prior to the present meeting.
89305.7.  Any person may request that a copy of the agenda, or a
copy of all the documents that constitute the agenda packet, of any
meeting of a legislative body be mailed to that person.  Upon receipt
of the written request, the legislative body or its designee shall
cause the requested materials to be mailed at the time the agenda is
posted pursuant to Section 89305.5 or upon distribution to all, or a
majority of all, of the members of a legislative body, whichever
occurs first.  Any request for mailed copies of agendas or agenda
packets shall be valid for the calendar year in which it is filed,
and shall be renewed following January 1 of each year.  The
legislative body may establish a fee for mailing the agenda or agenda
packet, and that fee shall not exceed the cost of providing the
service.  Failure of the requesting person to receive the agenda or
agenda packet pursuant to this section shall not constitute grounds
for invalidation of the actions of the legislative body taken at the
meeting for which the agenda or agenda packet was not received.
89306.  (a) (1) Every agenda for regular meetings shall provide an
opportunity for members of the public to directly address the
legislative body on any item affecting higher education at the campus
or statewide level, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise
authorized by subdivision (c) of Section 89305.5.
   (2) Notwithstanding paragraph (1), the agenda need not provide an
opportunity for members of the public to address the legislative body
on any item that has already been considered by a committee,
composed exclusively of members of the respective legislative body at
a public meeting wherein all interested members of the public were
afforded the opportunity to address the committee on the item, before
or during the committee's consideration of the item, unless the item
has been substantially changed, as determined by the legislative
body, since the committee heard the item.
   (3) Every notice for a special meeting shall provide an
opportunity for members of the public to directly address the
legislative body concerning any item that has been described in the
notice for the meeting before or during consideration of that item.
   (b) A legislative body may adopt reasonable regulations to ensure
that the intent of subdivision (a) is carried out, including, but not
necessarily limited to, regulations limiting the amount of time
allocated for public testimony on a particular issue and for each
individual speaker.
   (c) A legislative body shall not prohibit public criticism of
anything related to the student body organization, the legislative
body, or both.  Nothing in this subdivision shall confer any
privilege or protection for expression beyond that otherwise provided
by law.
89306.5.  (a) A special meeting may be called at any time by the
presiding officer of a legislative body, or by a majority of the
membership of the legislative body, by providing written notice to
each member of the legislative body, and to each local newspaper of
general circulation and radio or television station that has
requested notice of special meetings at least 24 hours prior to the
meeting.  The written notice shall specify the time and place of the
meeting and the business to be transacted or discussed.  No other
business shall be considered at these meetings by the legislative
body.  Written notice may be dispensed with as to any member who, at
or prior to the time the meeting convenes, provides the clerk or the
secretary of the legislative body with a waiver of written notice.
Written notice may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes.
   (b) The call and notice shall be posted at least 24 hours prior to
the special meeting in a location that is freely accessible to
members of the public.
   (c) In the case of an emergency situation involving matters upon
which prompt action is necessary due to the disruption or threatened
disruption of public facilities, a legislative body may hold an
emergency meeting without complying with either the 24-hour notice
requirement or the 24-hour posting requirement of subdivision (b), or
both.
   (d) (1) For purposes of this section, "emergency situation" means
either of the following:
   (A) Work stoppage or other activity that severely impairs public
health, safety, or both, as determined by a majority of the
membership of the legislative body.
   (B) Crippling disaster that severely impairs public health,
safety, or both, as determined by a majority of the membership of the
legislative body.
   (2) Each local newspaper of general circulation and radio or
television station that has requested notice of special meetings
pursuant to subdivision (a) shall be notified by the presiding
officer of the legislative body, or his or her designee, one hour
prior to the emergency meeting by telephone.  If necessary, the
presiding officer or designee shall use all of the telephone numbers
provided in the most recent request of that newspaper or station for
notification of special meetings to notify the newspaper or radio of
the special meeting.
   (3) If telephone services are not functioning, the notice
requirements of this section shall be deemed waived, and the
legislative body, or designee, shall notify those newspapers, radio
stations, or television stations of the fact of the holding of the
emergency meeting, the purpose of the meeting, and any action taken
at the meeting as soon after the meeting as possible.
   (e) Notwithstanding subdivision (c) of Section 89307, the
legislative body shall not meet in closed session during a meeting
called pursuant to this section.
   (f) All special meeting requirements prescribed in subdivision (a)
shall be applicable to a meeting called pursuant to subdivision (c),
with the exception of the 24-hour notice requirement.
   (g) The legislative body shall post in a public place, as soon
after the meeting as possible and for a minimum of 10 days, the
minutes of a meeting called pursuant to subdivision (c), a list of
persons who the presiding officer of the legislative body, or
designee, notified or attempted to notify, a copy of the rollcall
vote, and any actions taken at the meeting.
89307.  (a) Any legislative body may hold a closed session under any
of the following circumstances:
   (1) A closed session with its negotiator prior to the purchase,
sale, exchange, or lease of real property by or for the student body
organization to grant authority to its negotiator regarding the price
and terms of payment for the purchase, sale, exchange, or lease.
Prior to the closed session, the legislative body shall hold an open
and public session in which it identifies its negotiators, the real
property or real properties that the negotiations may concern, and
the person or persons with whom its negotiators may negotiate.
   (2) For purposes of this subdivision:
   (A) A negotiator may be a member of the legislative body.
   (B) "Lease" includes renewal or renegotiation of a lease.
   (b) (1) Based on advice of its legal counsel, holding a closed
session to confer with, or receive advice from, its legal counsel
regarding a liability claim or pending litigation when discussion in
open session concerning the matter would prejudice the position of
the student body organization in the litigation.
   (2) For purposes of this subdivision, all applications of the
lawyer-client privilege other than those provided in this section are
hereby abrogated.  This section is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this article.
   (3) For purposes of this subdivision, "litigation" means any
adjudicatory proceeding, including, but not limited to, eminent
domain, court proceeding, or a proceeding of an administrative body
exercising its adjudicatory authority, hearing officer, or
arbitrator.
   (4) For purposes of this subdivision, litigation shall be
considered pending when any of the following circumstances exist:
   (A) Litigation, to which the student body organization is a party,
has been initiated formally.
   (B) A point has been reached where, in the opinion of the
legislative body on the advice of its legal counsel, based on
existing facts and circumstances, there is a significant exposure to
litigation against the student body organization.
   (C) Based on existing facts and circumstances, the legislative
body is meeting only to decide whether a closed session is authorized
pursuant to subparagraph (B).
   (D) Based on existing facts and circumstances, the legislative
body has decided to initiate, or is deciding whether to initiate,
litigation.
   (5) For purposes of subparagraphs (B), (C), and (D) of paragraph
(4), "existing facts and circumstances" shall consist only of one of
the following:
   (A) Facts and circumstances that might result in litigation
against the student body organization, but which the organization
believes are not yet known to a potential plaintiff or plaintiffs,
which facts and circumstances need not be disclosed.
   (B) Facts and circumstances, including, but not necessarily
limited to, an accident, disaster, incident, or transactional
occurrence, that might result in litigation against the student body
organization and that are known to a potential plaintiff or
plaintiffs, which facts or circumstances shall be publicly stated on
the agenda or announced.
   (C) The receipt of a claim pursuant to the Tort Claims Act
(Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code) or some other written communication from a potential
plaintiff threatening litigation.
   (D) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility
of the legislative body.
   (E) A statement threatening litigation made by a person outside an
open and public meeting on a specific matter within the
responsibility of the legislative body, so long as the official or
employee of the student body organization receiving knowledge of the
threat makes a contemporaneous or other record of the statement prior
to the meeting.  The records so created need not identify the
alleged victim of unlawful or tortious sexual conduct or anyone
making the threat on their behalf, or identify a public employee who
is the alleged perpetrator of any unlawful or tortious conduct upon
which a threat of litigation is based, unless the identity of the
person has been publicly disclosed.
   (6) Nothing in this section shall require disclosure of written
communications that are privileged and not subject to disclosure
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
   (7) Prior to holding a closed session pursuant to this section,
the legislative body shall state on the agenda or publicly announce
and identify the provision of this section that authorizes the closed
session. If the session is closed pursuant to paragraph (1), the
legislative body shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the legislative body
states that to do so would jeopardize the ability of the student body
organization 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.
   (8) For purposes of this subdivision, a student body organization
shall be considered to be a "party" or to have a "significant
exposure to litigation" if an officer or employee of the student body
organization is a party or has significant exposure to litigation
concerning prior or prospective activities or alleged activities
during the course and scope of that office or employment, including
litigation in which it is an issue whether an activity is outside the
course and scope of the office or employment.
   (c) (1) Nothing contained in this section shall be construed to
prevent a legislative body from holding closed sessions with the
Attorney General, district attorney, sheriff, or chief of police, or
their respective deputies, on matters posing a threat to the security
of public buildings or a threat to the public's right of access to
public services or public facilities, or from holding closed sessions
during a regular or special meeting to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of an
employee of the student body organization or to hear complaints or
charges brought against the employee by another person or employee
unless the employee requests a public session.
   (2) As a condition to holding a closed session on specific
complaints or charges brought against an employee by another person
or employee, the employee shall be given written notice of his or her
right to have the complaints or charges heard in an open session
rather than a closed session, which notice shall be delivered to the
employee personally or by mail at least 24 hours before the time for
holding the session.  If notice is not given, any disciplinary or
other action taken by the legislative body against the employee based
on the specific complaints or charges in the closed session shall be
null and void.
   (3) A legislative body also may exclude from the public or closed
meeting, during the examination of a witness, any or all other
witnesses in the matter being investigated by the legislative body.
   (4) For the purposes of this subdivision, the term "employee"
shall include an officer or an independent contractor who functions
as an officer or an employee of the student body organization, but
shall not include any elected official, member of a legislative body,
or other independent contractor.  Closed sessions held pursuant to
this section shall not include discussion or action on proposed
compensation except for a reduction of compensation that results from
the imposition of discipline.
   (d) (1) A legislative body shall publicly report any action taken
in closed session and the vote or abstention of every member present
thereon, as follows:
   (A) Approval of an agreement concluding real property negotiations
pursuant to subdivision (a) shall be reported after the agreement is
final, as follows:
   (i) If its own approval renders the agreement final, the
legislative body board or subboard shall report that approval and the
substance of the agreement in open session at the public meeting
during which the closed session is held.
   (ii) If final approval rests with the other party to the
negotiations, the legislative body shall disclose the fact of that
approval and the substance of the agreement upon inquiry by any
person, as soon as the other party or its agent has informed the
legislative body of its approval.
   (B) Approval given to its legal counsel to defend, or seek or
refrain from seeking appellate review or relief, or to enter as an
amicus curiae in any form of litigation, as the result of a
consultation under subdivision (b) shall be reported in open session
at the public meeting during which the closed session is held.  The
report shall identify, if known, the adverse party or parties and the
substance of the litigation.  In the case of approval given to
initiate or intervene in an action, the announcement need not
identify the action, the defendants, or other particulars, but shall
specify that the direction to initiate or intervene in an action has
been given and that the action, the defendants, and the other
particulars shall, once formally commenced, be disclosed to any
person upon inquiry, unless to do so would jeopardize the ability of
the student body organization to effectuate service of process on one
or more unserved parties, or that to do so would jeopardize its
ability to conclude existing settlement negotiations to its
advantage.
   (C) Approval given to its legal counsel of a settlement of pending
litigation, as defined in subdivision (b), at any stage prior to or
during a judicial or quasi-judicial proceeding shall be reported
after the settlement is final, as follows:
   (i) If a legislative body accepts a settlement offer signed by the
opposing party, the legislative body shall report its acceptance and
identify the substance of the agreement in open session at the
public meeting during which the closed session is held.
   (ii) If final approval rests with some other party to the
litigation or with the court, then, as soon as the settlement becomes
final, and upon inquiry by any person, the legislative body shall
disclose the fact of that approval and identify the substance of the
agreement.
   (D) Action taken to appoint, employ, dismiss, accept the
resignation of, or otherwise affect the employment status of an
employee of the employee organization in closed session pursuant to
subdivision (c) shall be reported at the public meeting during which
the closed session is held.  Any report required by this subparagraph
shall identify the title of the employee's position.
Notwithstanding the general requirement of this subparagraph, the
report of a dismissal or of the nonrenewal of an employment contract
shall be deferred until the first public meeting following the
exhaustion of administrative remedies, if any.
   (E) Approval of an agreement concluding labor negotiations with
represented employees pursuant to subdivision (e) shall be reported
after the agreement is final and has been accepted or ratified by the
other party.  The report shall identify the item approved and the
other party or parties to the negotiation.
   (2) Reports that are required to be made pursuant to this
subdivision may be made orally or in writing.  A legislative body
shall provide to any person who has submitted a written request to
the legislative body within 24 hours of the posting of the agenda, or
to any person who has made a standing request for all documentation
as part of a request for notice of meetings pursuant to Section
89306.5, if the requester is present at the time the closed session
ends, copies of any contracts, settlement agreements, or other
documents that were finally approved or adopted in the closed
session.  If the action taken results in one or more substantive
amendments to the related documents requiring retyping, the documents
need not be released until the retyping is completed during normal
business hours, provided that the presiding officer of the
legislative body, or his or her designee, orally summarizes the
substance of the amendments for the benefit of the document requester
or any other person present and requesting the information.
   (3) The documentation referred to in paragraph (2) shall be
available to any person on the next business day following the
meeting in which the action referred to is taken or, in the case of
substantial amendments, when any necessary retyping is complete.
   (4) Nothing in this subdivision shall be construed to require that
a legislative body approve actions not otherwise subject to the
approval of that legislative body.
   (5) No action for injury to a reputational, liberty, or other
personal interest may be commenced by or on behalf of any employee or
former employee with respect to whom a disclosure is made by a
legislative body in an effort to comply with this subdivision.
   (e) (1) Notwithstanding any other provision of law, a legislative
body may hold closed sessions with the designated representative of
the student body organization regarding the salaries, salary
schedules, or compensation paid in the form of fringe benefits of its
represented and unrepresented employees, and, for represented
employees, any other matter within the statutorily provided scope of
representation.  However, prior to the closed session, the
legislative body shall hold an open and public session in which it
identifies its designated representatives.
   (2) (A) Closed sessions of a legislative body, as permitted in
this subdivision, shall be for the purpose of reviewing its position
and instructing the designated representative of the student body
organization.
   (B) Closed sessions, as permitted in this subdivision, may take
place prior to and during consultations and discussions with
representatives of employee organizations and unrepresented
employees.
   (C) Closed sessions with the designated representative of the
student body organization regarding the salaries, salary schedules,
or compensation paid in the form of fringe benefits may include
discussion of the available funds and funding priorities of the
student body organization, but only insofar as these discussions
relate to providing instructions to the designated representative of
the student body organization.
   (D) Closed sessions held pursuant to this subdivision shall not
include final action on the proposed compensation of one or more
unrepresented employees.
   (E) For the purposes enumerated in this subdivision, a legislative
body may also meet with a state conciliator who has intervened in
the proceedings.
   (3) For the purposes of this subdivision, the term "employee"
includes an officer or an independent contractor who functions as an
officer or an employee of the student body organization, but shall
not include any elected official, member of a legislative body, or
other independent contractors.
   (f) (1) Prior to holding any closed session, the legislative body
shall disclose, in an open meeting, 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.  In the closed session, the legislative body may
consider only those matters covered in its statement.  Nothing in
this subdivision shall require or authorize a disclosure of
information prohibited by state or federal law.
   (2) After any closed session, the legislative body shall reconvene
into open session prior to adjournment, and shall make any
disclosures required by subdivision (d) of action taken in the closed
session.
   (3) The disclosure required to be made in open session pursuant to
this subdivision 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
announcements.
89307.1.  In the event that any meeting is willfully interrupted by
a group or groups of persons so as to render the orderly conduct of
that meeting unfeasible, and order cannot be restored by the removal
of individuals who are willfully interrupting the meeting, the
members of the legislative body conducting the meeting may order the
meeting room cleared and continue in session.  Only matters appearing
on the agenda may be considered in that session.  Representatives of
the press or other news media, except those participating in the
disturbance, shall be allowed to attend any session held pursuant to
this section.  Nothing in this section shall prohibit the legislative
body from establishing a procedure for readmitting an individual or
individuals not responsible for willfully disturbing the orderly
conduct of the meeting.
89307.2.  (a) No legislative body of a local agency shall conduct
any meeting in any facility that prohibits the admittance of any
person, or persons, on the basis of race, religious creed, color,
national origin, ancestry, or sex, or which is inaccessible to
disabled persons, or where members of the public may not be present
without making a payment or purchase.  This section shall apply to
every legislative body as defined in Section 89305.1.
   (b) No notice, agenda, announcement, or report required under this
article need identify any victim or alleged victim of tortious
sexual conduct or child abuse unless the identity of the person has
been publicly disclosed.
89307.4.  Each member of a legislative body who attends a meeting of
that legislative body where an action is taken in violation of any
provision of this article, with knowledge that the meeting is in
violation of this article, is guilty of a misdemeanor.


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