Bill Text: CA AB1736 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government: open meetings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-08-27 - Read third time. Refused passage. (Ayes 16. Noes 20. Page 4874.). Motion to reconsider made by Senator Pavley. Reconsideration granted. (Ayes 38. Noes 0. Page 4875.) [AB1736 Detail]

Download: California-2011-AB1736-Amended.html

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BILL NUMBER: AB 1736	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 16, 2012

   An act to amend  Section 54950   Sections
54954.5 and 54957  of the Government Code, relating to local
government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1736, as amended, Smyth. Local government: open meetings.
   The Ralph M. Brown Act requires each legislative body of a local
agency to provide the time and place for holding regular meetings and
requires that all meetings of a legislative body be open and public
 and   . Under the act,  all persons
 be   are  permitted to attend  any
meeting of the legislative body of a local agency,  unless a
closed session is authorized.  The act makes a statement of
intent in this regard.   Under the act, the legislative
body of a local agency is authorized to hold closed sessions with the
Attorney General, district attorney, agency counsel, sheriff, or
chief of police, or their respective deputies, or a security
consultant or a security operations manager, on matters posing a
threat to the security of public buildings, a threat to the security
of essential public services, as specified, or a threat to the public'
s right of access to public services or public facilities. 

   This bill would make technical, nonsubstantive changes to these
provisions.  
   This bill would authorize the legislative body of a local agency
to hold these closed sessions with the Governor. The bill would make
a conforming change to a related provision.  
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 54954.5 of the  
Government Code   is amended to read: 
   54954.5.  For purposes of describing closed session items pursuant
to Section 54954.2, the agenda may describe closed sessions as
provided below.  No   A  legislative body
or elected official shall  not  be in violation of Section
54954.2 or 54956 if the closed session items were described in
substantial compliance with this section. Substantial compliance is
satisfied by including the information provided below, irrespective
of its format.
   (a) With respect to a closed session held pursuant to Section
54956.7:
   LICENSE/PERMIT DETERMINATION
   Applicant(s): (Specify number of applicants)
   (b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
   CONFERENCE WITH REAL PROPERTY NEGOTIATORS
   Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under
negotiation)
   Agency negotiator: (Specify names of negotiators attending the
closed session) (If circumstances necessitate the absence of a
specified negotiator, an agent or designee may participate in place
of the absent negotiator so long as the name of the agent or designee
is announced at an open session held prior to the closed session.)
   Negotiating parties: (Specify name of party (not agent))
   Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment, or both)
   (c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
   CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
   (Subdivision (a) of Section 54956.9)
   Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
   or
   Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
   CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
   Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (Specify number of potential cases)
   (In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to subparagraphs
(B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section
54956.9.)
   Initiation of litigation pursuant to subdivision (c) of Section
54956.9: (Specify number of potential cases)
   (d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
   LIABILITY CLAIMS
   Claimant: (Specify name unless unspecified pursuant to Section
54961)
   Agency claimed against: (Specify name)
   (e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
   THREAT TO PUBLIC SERVICES OR FACILITIES
   Consultation with: (Specify name of  executive or  law
enforcement agency and title of officer, or name of applicable agency
representative and title)
   PUBLIC EMPLOYEE APPOINTMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYMENT
   Title: (Specify description of position to be filled)
   PUBLIC EMPLOYEE PERFORMANCE EVALUATION
   Title: (Specify position title of employee being reviewed)
   PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
   (No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
   (f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
   CONFERENCE WITH LABOR NEGOTIATORS
   Agency designated representatives: (Specify names of designated
representatives attending the closed session) (If circumstances
necessitate the absence of a specified designated representative, an
agent or designee may participate in place of the absent
representative so long as the name of the agent or designee is
announced at an open session held prior to the closed session.)
   Employee organization: (Specify name of organization representing
employee or employees in question)
   or
   Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
   (g) With respect to closed sessions called pursuant to Section
54957.8:
   CASE REVIEW/PLANNING
   (No additional information is required in connection with a closed
session to consider case review or planning.)
   (h) With respect to every item of business to be discussed in
closed session pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code:
   REPORT INVOLVING TRADE SECRET
   Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
   Estimated date of public disclosure: (Specify month and year)
   HEARINGS
   Subject matter: (Specify whether testimony/deliberation will
concern staff privileges, report of medical audit committee, or
report of quality assurance committee)
   (i) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.86:
   CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW

   (No additional information is required in connection with a closed
session to discuss a charge or complaint pursuant to Section
54956.86.)
   (j) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.96:
   CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name)
   Discussion will concern: (Specify closed session description used
by the joint powers agency)
   Name of local agency representative on joint powers agency board:
(Specify name)
   (Additional information listing the names of agencies or titles of
representatives attending the closed session as consultants or other
representatives.)
   (k) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.75:
   AUDIT BY BUREAU OF STATE AUDITS
   SEC. 2.    Section 54957 of the   Government
Code   is amended to read: 
   54957.  (a)  Nothing contained in this   This
 chapter shall  not  be construed to prevent the
legislative body of a local agency from holding closed sessions with
the  Governor,  Attorney General, district attorney, agency
counsel, sheriff, or chief of police, or their respective deputies,
or a security consultant or a security operations manager, on matters
posing a threat to the security of public buildings, a threat to the
security of essential public services, including water, drinking
water, wastewater treatment, natural gas service, and electric
service, or a threat to the public's right of access to public
services or public facilities.
   (b) (1) Subject to paragraph (2),  nothing contained in
this   this  chapter shall  not  be
construed to prevent the legislative body of a local agency from
holding closed sessions during a regular or special meeting to
consider the appointment, employment, evaluation of performance,
discipline, or dismissal of a public employee or to hear complaints
or charges brought against the employee by another person or employee
unless the employee requests a public session.
   (2) As a condition to holding a closed session on specific
complaints or charges brought against an employee by another person
or employee, the employee shall be given written notice of his or her
right to have the complaints or charges heard in an open session
rather than a closed session, which notice shall be delivered to the
employee personally or by mail at least 24 hours before the time for
holding the session. If notice is not given, any disciplinary or
other action taken by the legislative body against the employee based
on the specific complaints or charges in the closed session shall be
null and void.
   (3) The legislative body also may exclude from the public or
closed meeting, during the examination of a witness, any or all other
witnesses in the matter being investigated by the legislative body.
   (4) For the purposes of this subdivision, the term "employee"
shall include an officer or an independent contractor who functions
as an officer or an employee but shall not include any elected
official, member of a legislative body or other independent
contractors.  Nothing in this   This 
subdivision shall  not  limit local officials' ability to
hold closed session meetings pursuant to Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and 37624.3 of
the Government Code. Closed sessions held pursuant to this
subdivision shall not include discussion or action on proposed
compensation except for a reduction of compensation that results from
the imposition of discipline.
   SEC. 3.    The Legislature finds and declares that
Section 2 of this act, which amends Section 54957 of the Government
Code, imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the
interest protected by this limitation and the need for protecting
that interest:  
   Without some freedom to protect sensitive information, security is
compromised. Therefore, the health and safety of the people of
California is enhanced by giving governing bodies the authority to
meet with the Governor in closed meetings to discuss security matters
that may include sensitive information.  
  SECTION 1.    Section 54950 of the Government Code
is amended to read:
   54950.  In enacting this chapter, the Legislature finds and
declares that the public commissions, boards and councils, and the
other public agencies in this state exist to aid in the conduct of
the people's business. It is the intent of the law that their actions
be taken openly and that their deliberations be conducted openly.
   The people of this state do not yield their sovereignty to the
agencies that serve them. The people, in delegating authority, do not
give their public servants the right to decide what is good for the
people to know and what is not good for them to know. The people
insist on remaining informed so that they may retain control over the
instruments they have created.