Once the Board has completed its discussion of any confidential aspects of employment in closed session, and after it has reviewed and adopted the Compensation Comparability Study in open session, the Board may move onto the review and approval of the Employment Agreement. Again, this must occur in open session of a regular Board meeting. Prior to approval, the Board may discuss any technical aspects of the agreement, such as the terms, pay, form of employment, etc.
The Brown Act was recently amended to require that immediately prior to the Board’s approval of an executive’s employment agreement, the Board must orally report out to the public the exact compensation to be paid to the executive. As such, before the Board votes on the Employment Agreement, the Board must announce in open session the amounts of total compensation to be paid, including any base pay, benefits, retirement, stipends, vacation pay, life insurance, etc. After all aspects of compensation are read out into open session, the Board may vote to approve the Agreement.