|Courts have interpreted the Brown Act to require, in some circumtsances, a statement of the basis for a closed session held pursuant to the exception for anticipated litigation/significant exposure to litigation. This basis for this closed session item is as follows.
On June 29, 2020, Armond Sarkis, a former employee of the Yolo County Public Agency Risk Management Insurance Authority (YCPARMIA) filed a “claim for damages” with the Yolo County Board of Supervisors. His claim asserted several grounds for potential County liability in connection with his allegedly “unlawful termination” by YCPARMIA. Mr. Sarkis also filed a nearly identical claim with YCPARMIA. On January 20, 2021, he re-sent his claim documents to representatives of the County and YCPARMIA. Subsequently, on or about June 22, 2021, Mr. Sarkis filed suit against YCPARMIA and certain individual defendants in the United States District Court for the Eastern District of California (Case No. 2:21-CV-1097-TLN JDP PS).
While no suit has yet been filed against the County, on these facts, the County Counsel has determined that “existing facts and circumstances” pursuant to Government Code section 54956.9(d)(2) and (e)(5) create significant exposure to litigation for the County and justify a closed session.