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 SENATE  JUNE 18, 2012
	AMENDED IN SENATE  JUNE 6, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 16, 2012

   An act to amend Sections  54954.2,  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.
Under the act, all persons are permitted to attend any meeting of
the legislative body of a local agency, unless a closed session is
authorized. 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 authorize the legislative body of a local agency
to hold these closed sessions with the Governor and  any
necessary staff designated by the Governor. The bill would make a
conforming change to a related provision.   other
specified individuals. This bill would require a legislative body of
a local agency that meets in these specified types of a closed
session to include additional information in its posted agenda
regarding those in attendance. 
   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 54954.2 of the  
Government Code   is amended to read: 
   54954.2.  (a) (1) At least 72 hours before a regular meeting, the
legislative body of the local agency, or its designee, shall post an
agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including
items to be discussed in closed session. A brief general description
of an item generally need not exceed 20 words. The agenda shall
specify the time and location of the regular meeting and shall be
posted in a location that is freely accessible to members of the
public and on the local agency's Internet Web site, if the local
agency has one. If requested, the agenda shall be made available in
appropriate alternative formats to persons with a disability, as
required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
adopted in implementation thereof. The agenda shall include
information regarding how, to whom, and when a request for
disability-related modification or accommodation, including auxiliary
aids or services, may be made by a person with a disability who
requires a modification or accommodation in order to participate in
the public meeting.
   (2) No action or discussion shall be undertaken on any item not
appearing on the posted agenda, except that members of a legislative
body or its staff may briefly respond to statements made or questions
posed by persons exercising their public testimony rights under
Section 54954.3. In addition, on their own initiative or in response
to questions posed by the public, a member of a legislative body or
its staff may ask a question for clarification, make a brief
announcement, or make a brief report on his or her own activities.
Furthermore, a member of a legislative body, or the body itself,
subject to rules or procedures of the legislative body, may provide a
reference to staff or other resources for factual information,
request staff to report back to the body at a subsequent meeting
concerning any matter, or take action to direct staff to place a
matter of business on a future agenda.
   (b) Notwithstanding subdivision (a), the legislative body may take
action on items of business not appearing on the posted agenda under
any of the conditions stated below. Prior to discussing any item
pursuant to this subdivision, the legislative body shall publicly
identify the item.
   (1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.
   (2) Upon a determination by a two-thirds vote of the members of
the legislative body present at the meeting, or, if less than
two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and
that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision
(a).
   (3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five calendar
days prior to the date action is taken on the item, and at the prior
meeting the item was continued to the meeting at which action is
being taken.
   (c) This section is necessary to implement and reasonably within
the scope of paragraph (1) of subdivision (b) of Section 3 of Article
I of the California Constitution.
   (d) For purposes of subdivision (a), the requirement that the
agenda be posted on the local agency's Internet Web site, if the
local agency has one, shall only apply to a legislative body that
meets either of the following standards:
   (1) A legislative body as that term is defined by subdivision (a)
of Section 54952.
   (2) A legislative body as that term is defined by subdivision (b)
of Section 54952, if the members of the legislative body are
compensated for their appearance, and if one or more of the members
of the legislative body are also members of a legislative body as
that term is defined by subdivision (a) of Section 54952. 
   (e) If a legislative body of a local agency meets in closed
session as set forth in subdivision (a) of Section 54957, the
legislative body of a local agency shall also include in the posted
agenda, required under paragraph (1) of subdivision (a), the first
and last names, titles, and affiliations of all persons who will be
attending the closed session meeting and are not a member of the
legislative body or essential staff to that legislative body. 
   SECTION 1.   SEC. 2.   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,  except as requir   ed in
subdivision (e) of Section 54954.2,  the agenda may describe
closed sessions as provided below. 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.   SEC. 3.   Section 54957 of the
Government Code is amended to read:
   54957.  (a) This chapter shall not be construed to prevent the
legislative body of a local agency from holding closed sessions on
matters posing a threat to the security of public buildings, a threat
to the security of essential public services, including  ,
but not limited to,  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,
with any of the following:
   (1) The Governor,  and any necessary staff designated by
the Governor   and his or her staff with direct
expertise or authority on the subject matter under discussion  .

   (2) The Attorney General, or his or her deputies. 
   (3) The Secretary of California Emergency Management, or its
successor agency, or his or her deputies.  
   (4) The Adjutant General of the California National Guard, or his
or her deputies, chief of staff, or Joint Operations Director. 

   (5) The Commissioner of the California Highway Patrol, or his or
her deputies.  
   (6) The State Public Health Officer, or his or her deputies. 

   (3) A 
    (7)     The  district attorney, or his
or her deputies. 
   (4) 
    (8)  An agency counsel, or his or her deputies. 

   (5) A 
    (9)     The  sheriff, or his or her
deputies. 
   (6) 
    (10)  A chief of police, or his or her deputies.

   (7) 
    (11)  A security consultant. 
   (8) 
    (12)  A security operations manager.
   (b) (1) Subject to paragraph (2), 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. 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.   SEC. 4.   The Legislature
finds and declares that Section  2   3  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 are enhanced by giving governing bodies the authority to
meet with the Governor in closed meetings to discuss security matters
that may include sensitive information.