Memo to CA Attorney General and Los Angeles District Attorney

VOICES--I wish to file a complaint against the CalPERS Legal Department for leading the Board of Administration into a violation of Government Code Section 11126.3 (a) on the November 18, meeting. (Photos above: LA DA Lacey and CA AG Becerra 

The agenda opens in closed session.  There is no call to order and roll call.  The public is not informed as to the purpose of the closed session. 

A state agency is bound to conduct its meetings pursuant to the Bagley-Keene Open Meeting Act. (Gov. Code Sections 11120-32.) 

11126.3 (a) states, "Prior to holding any closed session, the state body shall disclose, in an open meeting, the general nature of the item or items to be discussed in the closed session." 

There has been reported incidences of closed session violations, including the November 5, 2019, Nakedcapitalism.com report of CEO Marcie Frost leaking closed session information. 

By starting a Board meeting in closed session, honest members have no ability to inform the public that the Board is discussing material not disclosed to the public. 

I urge your offices to monitor the meetings of this state agency to make sure all deliberations are open & that closed sessions are limited to their disclosures. 

The Legislature has given your offices great responsibility to act in the best interests of the public. 

This action must be prevented.


(Joseph P. Ruiz lives in the City of Industry.)