Closed session announcement and sufficiency of description

Q: 1. How specific do closed session announcements have to be, generally?  Must they announce all actions taken that would not prejudice an ongoing legal action?

2.  In the announcement of a settlement agreement after closed session, does the amount of the agreement have to be announced?

3.  Does violation of the Brown Act by excluding the public from meetings that should be open create any legal presumptions, such as presumption of wrongdoing?

A: Pursuant to Government Code § 54954.2(a), at least 72 hours prior to each regular meeting, legislative bodies must prepare an agenda containing a brief general description of each item to be transacted or discussed, including items which will be handled in closed session.  In addition, the Brown Act requires a representative of the legislative body to orally announce the items to be discussed in closed session prior to any closed-session meeting.  (Gov't Code § 54957.7(a)).  This requirement may be satisfied by referring to the item by number as it appears on the agenda.  With regard to a closed session pursuant to the pending litigation exception, the legislative body must make reference in the agenda or publicly announce the specific subsection of section 54956.9 under which the closed session is being held.  (Gov't Code § 54956.9(c)).  If a section is closed pursuant to subdivision (a), the body must state the title of the case or otherwise identify the litigation to be discussed, "unless the body states that to do so would jeopardize the agency'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."  (Gov't Code § 54956.9)

Once a closed session has been completed, the legislative body must convene in open session.  (Gov't Code § 54957.7(b)).  If the body took final action in the closed session, it is required to make a report (oral or written) of the action taken and the breakdown of the vote.  (Gov't Code §§ 54957.7(b) and 54957.1(a)).  In the case of a settlement of a lawsuit, copies of the settlement agreement must also be disclosed as soon as possible.  (Gov't Code § 54957.1(b)).  However, if final action is contingent upon another party, the legislative body need not release a report about what happened in the closed session.  Once the decision has been made final because the other party has acted, the legislative body is under an obligation to respond to inquiries for information on the action.  (Gov't Code § 54957.1(a)).  With regard to your third question, I'm not aware of any presumption that is created if a violation of the Brown Act is committed.