Employees Right to a Public Hearing In California

Section 54957 has been interpreted to allow an employee to request a public hearing only where "complaints or charges" are involved. (Furtado v. Sierra Community College (1998) 68 Cal. App. 4th 876, 881 [80 Cal. Rptr. 2d 589]; Fischer v. Los Angeles Unified School Dist., supra, 70 Cal. App. 4th at p. 96.) The notice requirement in the second paragraph of section 54957 supports this construction as it requires notice as a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee. (Furtado v. Sierra Community College, supra, 68 Cal. App. 4th at pp. 881-882; Fischer v. Los Angeles Unified School Dist., supra, 70 Cal. App. 4th at p. 97.) Consequently, the Legislature has drawn a reasonable compromise, leaving the majority of personnel matters to be discussed freely and candidly in closed session, but permitting an employee to request an open session to defend against specific complaints or charges brought against him or her by another individual and thus to clear his or her name. (Furtado v. Sierra Community College, supra, 68 Cal. App. 4th at p. 882.)