Travis v. Board of Trustees of State Univ.

73 Cal.Rptr.3d 854

161 Cal.App.4th 335

John TRAVIS, Plaintiff and Appellant, v. BOARD OF TRUSTEES OF The CALIFORNIA STATE UNIVERSITY et al., Defendants and Respondents.

No. B196907.

Court of Appeal, Second District, Division 8.

March 26, 2008.

Rothner, Segall & Greenstone, Glenn Rothner, Pasadena, and Jonathan Cohen, Burbank, for Plaintiff and Appellant.

California State University Office of General Counsel, Christine Helwick and Susan Westover, for Defendants and Respondents.

RUBIN, J.

John Travis appeals from the judgment entered after the trial court denied his mandate petition, which sought a determination that the trustees of the California State University violated the Bagley-Keene Open Meeting Act (Gov.Code, § 11120 et seq.) when they met in closed session to discuss former Chancellor Barry Munitz's decision to return from a years-long leave of absence and assume a teaching post. Because the topic of that closed session fell within the act's exception for discussions about personnel matters, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

John Travis is the president of the California Faculty Association, the union that represents faculty members employed at the various campuses within the California State University (CSU) system. He brought a mandate petition (Code Civ. Proc, § 1085) against CSU's board of trustees (the board), as well as board Chairman Murray Galinson and CSU Chancellor Charles B. Reed, alleging that they violated the Bagley-Keene Open Meeting Act (Gov.Code, § 11120 et seq.) when they met in closed session to discuss former CSU Chancellor Barry Munitz's decision to return from a lengthy leave of absence and assume a guaranteed teaching post at CSU's Los Angeles campus.¹ After considering the parties' briefs and supporting evidence, the trial court determined that the closed session did not violate the Bagley-Keene Act because it fell within an exception for discussing personnel matters. (Gov.Code, § 11126, subd. (a)(1).)²

The facts before the trial court were few. Munitz became CSU's chancellor in 1991. At that time, CSU had in place an executive compensation plan known as the Trustee Professor Program, which granted certain CSU executives a tenured professorship at a CSU campus. Although the trustee professor program was eliminated in 1992, it still applied to Munitz and others who were hired before then.³ By way of various amendments to the program, a formula was established to set both the salary and office budget of any trustee professor. In July 1997, Munitz announced his plan to resign as chancellor effective January 1998 in order to become president of the J. Paul Getty Trust (the Getty), which oversaw the operations of several prominent institutions, including the Getty Museum. Instead of ending his employment at CSU, however, Munitz exercised his vested right to become a trustee professor. CSU agreed to grant Munitz yearly unpaid leaves of absence so that if he ever left the Getty, he could return to CSU and assume a faculty position. These yearly leaves were requested by Munitz and granted by CSU every April through 2005.

Munitz's time at the Getty was marked by controversy and in February 2006 he resigned.⁴ In March 2006, Munitz phoned Reed and said that instead of requesting another yearly leave of absence extension, he intended to return to CSU and assume his post as a trustee professor. According to Reed's declaration, he "anticipated that [Munitz's] return to CSU would also result in publicity" and Reed therefore scheduled the subject as a closed session topic on the board's March 14, 2006 agenda. Reed said that he did so pursuant to the Bagley-Keene Act's exception for personnel-related matters. (§ 11126, subd. (a).) Reed said he "wanted to inform the members of the Board of Dr. Munitz's return before they read about it in the newspapers, and also to advise them that CSU was going to put out a press release regarding the circumstances of the Munitz employment. I also wanted to be able to answer candidly any questions they might have had about this situation. I did not want the Board of Trustees to be surprised about the announcement of this important personnel matter. [¶] ... Although the actual appointment was made long ago (in 1997), I wanted to make certain that the Board members understood the situation—i.e., that Dr. Munitz had a vested right to return to CSU, and that the University had no choice but to take him back, [¶] ... During the closed session, there was a candid discussion about Dr. Munitz's circumstances. I cannot disclose the contents of that closed session discussion, because I am required by law to keep it confidential."

On April 19, 2006, Munitz sent Reed a letter to give formal notice of his decision to return to CSU as a trustee professor. After discussing the matter with Board Chairman Galinson, Reed sent Munitz a letter on April 26, 2006, that set forth the duties Reed had decided to assign Munitz.⁵ Reed's letter also informed Munitz that his annual salary would be $163,776, and detailed his office supply and staff budget. Munitz's salary and office budget were based on the Trustee Professor Program formula that the board had approved years earlier. His job duties were selected by Reed pursuant to Reed's board-approved discretion to do so. In short, Munitz's return was guaranteed as a matter of right and neither his return, job duties, salary, or office budget required board action of any kind.

Travis's first amended mandate petition alleged that the board violated the Bagley-Keene Act when it met in closed session March 14, 2006, to discuss Munitz's return to CSU as a trustee professor. Travis asked the trial court for a declaration to that effect, and an order that CSU disclose what was said during the closed session. The trial court disagreed, ruling that the closed session was proper because respondents met to consider matters relating to Munitz's employment. The court then entered judgment for respondents. Travis contends the trial court erred by improperly expanding the Bagley-Keene Act's personnel exception for discussions relating to a person's "employment" beyond the initial hiring decision.

STANDARD OF REVIEW

In reviewing the trial court's judgment in a mandate action, we apply the substantial evidence standard to the trial court's factual findings where the facts are in dispute. We exercise independent review of legal questions and of questions based on undisputed facts. (Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1126, 24 Cal.Rptr.3d 493.) The interpretation of statutes is a legal question that calls for independent review. (Lewis C. Nelson & Sons, Inc. v. Clovis Unified School Dist. (2001) 90 Cal. App.4th 64, 69, 108 Cal.Rptr.2d 715.) "`"The fundamental rule of statutory construction is to ascertain the intent of the Legislature in order to effectuate the purpose of the law.... In doing so, we first look to the words of the statute and try to give effect to the usual, ordinary import of the language, at the same time not rendering any language mere surplusage. The words must be construed in context and in light of the nature and obvious purpose of the statute where they appear.... The statute `"must be given a reasonable and commonsense interpretation consistent with the apparent purpose and intention of the Legislature, practical rather than technical in nature, and which, when applied, will result in wise policy rather than mischief or absurdity...."' ... If the language of a statute is clear, we should not add to or alter it to accomplish a purpose which does not appear on the face of the statute or from its legislative history." Statutes must be harmonized, both internally and with each other.' [Citation]." (Pasadena Metro Blue Line Construction Authority v. Pacific Bell Telephone Co. (2006) 140 Cal.App.4th 658, 663-664, 44 Cal.Rptr.3d 556.)

DISCUSSION

The Bagley-Keene Act requires that, with certain exceptions, "[a]ll meetings of a state body shall be open and public ...." (§ 11123, subd. (a).) The policy behind this rule is set forth in section 11120, which states that public agencies and public servants exist to help conduct the public's business, that they may not decide what the public should know, and that the proceedings of public agencies must be conducted openly.⁶

The board does not dispute that it is a state body under the Bagley-Keene Act. (See § 11121.) Nor does it dispute that on March 14, 2006, it held a "meeting" for purposes of that act. (See § 11122.5, subd. (a) ["meeting" under the Bagley-Keene Act includes congregation of majority of members of a state body to hear, discuss, or deliberate on any item that is within its subject matter jurisdiction].) At issue here is whether the board's closed session discussion about Munitz's return from leave of absence was proper under the Bagley-Keene Act's so-called personnel exception, which provides: "Nothing in this article shall be construed to prevent a state body from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against that employee by another person or employee unless the employee requests a public hearing." (§ 11126, subd. (a)(1).)

The trial court found, and respondents contend, that the term "employment" in section 11126 must be construed to include the circumstances surrounding Munitz's right to return from his leave of absence and assume his job as a trustee professor. Travis contends the trial court erred because the "employment" exception to the Bagley-Keene Act should be narrowly construed to mean only the initial decision to employ someone.

No reported decision has construed the Bagley-Keene Act's personnel exception. As the parties note, however, the Ralph M. Brown Act provides a virtually identical open meeting scheme that is...