Bill Text: CA AB1228 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Public agencies: joint power authorities: meetings.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1228 Detail]

Download: California-2011-AB1228-Introduced.html

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BILL NUMBER: AB 1228	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Halderman
   (Coauthors: Assembly Members Conway, Grove, and Valadao)
   (Coauthors: Senators Berryhill and Fuller)

                        FEBRUARY 18, 2011

   An act to amend Section 54956.96 of the Government Code, relating
to public agencies.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1228, as introduced, Halderman. Public agencies: joint power
agencies: meetings.
   The Joint Exercise of Powers Act authorizes two or more public
agencies, if each is authorized by their respective legislative
bodies, to enter into an agreement to jointly exercise any power
common to those two agencies.
    The Ralph M. Brown Act requires that meetings of the legislative
body of a local agency, including a joint powers agency, be open and
public, with specified exceptions authorizing closed sessions for
specified purposes. Existing law permits a joint powers agency to
include in its joint powers agreement provisions authorizing (1) any
member of the legislative body of a member local agency to disclose
information obtained during a closed session of the joint powers
agency that has direct financial or liability implications for that
member local agency to that agency's legal counsel or to other
members of that agency's legislative body, as specified, or (2) any
designated alternate member of the legislative body of the joint
powers agency that is also a member of the legislative body of a
member local agency, who is attending in lieu of that agency's
regularly appointed member, to attend closed sessions of the joint
powers agency, as specified.
   This bill would additionally authorize a joint powers agency to
include in its joint powers agreement provisions authorizing (1) an
employee of a member local agency to disclose information obtained in
a closed session of the joint powers agency that has direct
financial or liability implications for that member local agency to
that agency's legal counsel or to other persons present in a closed
session of the legislative body of that agency, as specified, or (2)
any designated alternate member of the legislative body of the joint
powers agency who is also an employee of a member local agency, and
who is attending in lieu of that agency's regularly appointed member,
to attend a closed session of the joint powers agency, as specified.

   This bill would also make various, nonsubstantive, conforming
changes.
   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 54956.96 of the Government Code is amended to
read:
   54956.96.  (a) Nothing in this chapter shall be construed to
prevent the legislative body of a joint powers agency formed pursuant
to Article 1 (commencing with Section 6500) of Chapter 5 of Division
7 of Title 1, from adopting a policy or a bylaw or including in its
joint powers agreement provisions that authorize either or both of
the following:
   (1) All information received by the legislative body of the 
member  local agency  member  in a closed
session related to the information presented to the joint powers
agency in closed session shall be confidential. However, a member of
the legislative body of a member local agency  or an employee of
a member local agency  may disclose information obtained in a
closed session that has direct financial or liability implications
for that local agency to the following individuals:
   (A) Legal counsel of that member local agency for purposes of
obtaining advice on whether the matter has direct financial or
liability implications for that member local agency.
   (B)  Other members of the legislative body of the local
agency   Those persons  present in a closed session
 of the legislative body  of that member local agency.
   (2) Any designated alternate member of the legislative body of the
joint powers agency who is also a member of the legislative body of
a  member  local agency  member   or an
employee of a member local agency  and who is attending a
properly noticed meeting of the joint powers agency in lieu of a 
member  local  agency member's   agency's
 regularly appointed member to attend closed sessions of the
joint powers agency.
   (b) If the legislative body of a joint powers agency adopts a
policy or a bylaw or includes provisions in its joint powers
agreement pursuant to subdivision (a), then the legislative body of
the  member  local agency  member  , upon
the advice of its legal counsel, may conduct a closed session in
order to receive, discuss, and take action concerning information
obtained in a closed session of the joint powers agency pursuant to
paragraph (1) of subdivision (a).