Litigation – Attorney Client Privilege
Decision Making Outside of Board Meetings
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be a party to pending litigation (§ 54956.9(a))
or expect, based on certain specified facts, to be sued (§§ 54956.9(b)(1),(b)(2))
or expect to file suit itself (§ 54956.9(c)) Brown Act Pocket Guide
Members have an interest in knowing about litigation involving their association and boards should keep them informed.
See page 14 of Open Meeting Act by Curtis Sproul Esq.
Law Seminar Michael Karpoff Esq 30 pages
Noted in Open Meeting Minutes.
Even though members do not have the right to attend executive sessions, boards must keep members informed about the general nature of the business conducted in their executive sessions. The minutes of the next open board meeting must generally reflect the board’s executive session:
Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. (Civ. Code §4935(e).)