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CalPERS board votes to add newly served BDO USA PC lawsuit to closed session
Summary
After being served with notice of a lawsuit (BDO USA PC v. CalPERS) on March 10, the board voted at its March meeting to add the item to closed session under the Bagley-Keene exception for items that require immediate action; the motion carried by roll call and the board recessed into closed session.
SACRAMENTO — The CalPERS board voted to add a newly served lawsuit (BDO USA PC v. CalPERS) to its closed-session agenda after legal counsel advised the item met the Bagley‑Keene exception for matters that arose after the notice was posted.
Board President Teresa Taylor told members that CalPERS was served with the lawsuit on March 10 and that legal counsel advised adding the item because there was a need for immediate action not identified when the agenda was originally posted on March 6. The board moved to add the item; a roll-call vote was taken and the motion carried. Dr. Gail Willis was recorded as excused at the vote.
After the vote the board recessed into closed session to discuss the matter. No details of the litigation were discussed in open session and legal counsel noted the item was added under the procedure that permits late additions when immediate board attention is required.
