Can an employee request a public hearing under section 54957 of the California Human Rights Code where they are charged with misconduct?

"[T]he underlying purposes of the 'personnel exception' are to protect the employee from public embarrassment and to permit free and candid discussions of personnel matters by a local governmental body." (San Diego Union v. City Council (1983) 146 Cal.App.3d 947, 955, 196 Cal.Rptr. 45.) We must nonetheless "construe the 'personnel exception' narrowly and the 'sunshine law' liberally in favor of openness [citation]...." (Ibid.)

In Furtado v. Sierra Community College (1998) 68 Cal.App.4th 876, 80 Cal.Rptr.2d 589, the court interpreted the first paragraph of section 54957 to allow an employee to request a public hearing only where "complaints or charges" are involved. It reasoned the phrase " 'unless the employee requests a public session' " applies only to the immediately preceding phrase " 'or to hear complaints or charges brought against the employee'...." (68 Cal.App.4th at p. 881, 80 Cal.Rptr.2d 589.) "An accepted rule of statutory construction is that qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent." (Ibid.)