Local agencies: nondisclosure agreements

The law aims to prevent confidentiality agreements from blocking internal oversight and decision-making at local governments. Officials who violate the rule must disclose the NDA’s existence and step aside from related matters.

What the law does ​

• Prohibits local agency officials from entering or requesting public-business NDAs that stop them from sharing information with colleagues on the same local body.
• Prohibits local employees and officials from entering or requesting public-business NDAs that stop sharing information with the official or governing body they serve.
• Makes covered NDAs entered into or requested on or after January 1, 2027, void and unenforceable.
• Requires a violating official to disclose the NDA’s existence and recuse from related matters; violations involving peer-sharing restrictions also bar voting, deliberating, or influencing related decisions.
• Applies disclosure and recusal requirements to covered NDAs made before January 1, 2027.
• Exempts NDAs approved in advance by a unanimous vote of nonrecused governing-body members, certain disputes with adverse interests, and attorney-client privileged or confidential attorney work product.

Who it affects ​

• Elected and appointed local officials, local employees, and local board and commission members.
• Cities, counties, special districts, school districts, county offices of education, charter schools, local agency formation commissions, and joint powers authorities in specified disputes.

Context ​

The law does not authorize officials to use NDAs to withhold information from the public.