H. Grand jury testimony by public employees.

The Brown Act is not to be construed to prohibit members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body. Cal. Gov't Code § 54953.1. However, Penal Code Section 939 prohibits the attendance of the public at grand jury proceedings, except when the foreman of the grand jury, acting through the attorney general or district attorney, makes a joint written request for public sessions and the court finds that the subject matter of the investigation affects the general public welfare, involving the alleged corruption, misfeasance or malfeasance in office or dereliction of duty of public officials or employees, and makes an order directing the grand jury to conduct its investigation in public sessions. Cal. Penal Code § 939.1. Notwithstanding the foregoing, deliberations of the grand jury and its voting shall be in private session. Cal. Penal Code § 939.1.