Terminating the Employment Relationship

With respect to every item of business to be discussed in closed session pursuant to § 54957 (Public Employee Discipline/Dismissal/Release):

Public Employee Discipline/Dismissal/Release

(No additional information is required in connection with a closed session to consider discipline, dismissal, or release. Discipline includes potential reduction of compensation.)

2. R EPORTING O UT

After the closed session, the legislative body must reconvene into open session prior to adjournment and report the actions taken in the closed session. Reports may be made orally or in writing.

The nature of the report depends on the type of action taken.

Settlement of Litigation – The legislative body must report in open session the approval given to its legal counsel of a settlement of pending litigation after the settlement is final. If the legislative body accepts a settlement offer signed by the opposing party, the body must report its acceptance and identify the substance of the agreement. 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 public inquiry, the local agency must disclose the fact of that approval and identify the substance of the agreement. 368 Personnel Decisions – The legislative body must report in open session action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee. The title of the position of the affected employee must be identified. The report of a dismissal or of the non-renewal of an employment contract must be deferred until the first public meeting following the exhaustion of administrative remedies, if any. 369

If a local agency settles an appeal of discipline by an employee, the agency must report the fact of the agreement and any action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session. Hypothetical: An employee is accused of misconduct. The employee is entitled to an appeal hearing pursuant to the terms of the negotiated agreement with the exclusive representative. The employee agrees to resign in return for $15,000 and continuation of her health benefits for six months.

LCW Practice Advisor

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 121