FROM: Barbara Hannah, Chief Counsel
SUBJECT: Proposed General Policy No. 021 (Closed Session Meetings of the Board of Retirement)
RECOMMENDATION:
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Adopt General Policy No. 021 (Closed Session Meetings of the Board of Retirement).
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BACKGROUND:
Closed sessions of the Board of Retirement (Board) of the San Bernardino County Employees' Retirement Association (SBCERA) are authorized under specified circumstances by provisions of the Ralph M. Brown Act, Government Code sections 54950 et. seq. (Brown Act). Confidential Information received during, or in relation to, closed sessions of the Board is confidential. Recently questions were presented regarding closed session including the materials received and the potential of having a policy that addresses such questions.
The attached proposed policy was presented to the Administrative Committee on April 21, 2020 for consideration. The Committee recommended that the Board approve the policy, with a 4-0 vote. However, at the May 7, 2020 Board meeting, some trustees expressed concern with the types of materials that they wanted to retain, and did not want to have to return those for safekeeping at SBCERA or with SBCERA's attorneys. The Board referred the matter back to the Committee for further discussion and to determine whether different types of closed session materials should be handled in different ways. After additional discussion, the Administrative Committee voted 4-0 to refer this matter back to the Board for adoption as is.
Through the discussion, the Committee did recommend that a provision be added to the policy on Performance Evaluations to require that prior year evaluations for the Chief Executive Officer and Chief Counsel be sent to trustees at the time of their annual evaluation process. That policy revision will be incorporated and brought back to the Administrative Committee and Board for review.
COMMITTEE REVIEW:
This item was reviewed by the Administrative Committee at its A...
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