(a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agencyâs designated representatives 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, subject to all of the following conditions: (1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. (2) The closed session shall be for the purpose of reviewing its position and instructing the local agencyâs designated representatives. (3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. (4) Any closed session with the local agencyâs designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agencyâs available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agencyâs designated representative. (5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees. (6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term âemployeeâ shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors.
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