Bill Text: CA AB1736 | 2011-2012 | Regular Session | Amended
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
BILL NUMBER: AB 1736 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2012
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
(1) 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 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
(2) 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.
(3) This bill would incorporate additional changes in Section
54954.5 of the Government Code, as proposed by AB 2690 and SB 1395,
to be operative depending on when these respective bills are
effective and chaptered, as specified.
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.
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 required 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:
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. 2.1. 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, except as required in subdivision (e) of
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) (Paragraph (1) of
subdivision (d) 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) paragraph (2) or (3) of subdivision
(d) 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) paragraphs (2) to (5), inclusive, of subdivision
(e) of Section 54956.9.)
Initiation of litigation pursuant to subdivision (c)
paragraph (4) of subdivision (d) 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 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. 2.3. 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 required in subdivision (e) of
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 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 CALIFORNIA
STATE AUDITOR'S OFFICE
SEC. 2.5. 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 required by subdivision (e) of
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) (Paragraph (1) of
subdivision (d) 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) paragraph (2) or (3) of subdivision
(d) 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) paragraphs (2) to (5), inclusive, of subdivision
(e) of Section 54956.9.)
Initiation of litigation pursuant to subdivision (c)
paragraph (4) of subdivision (d) 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 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 CALIFORNIA
STATE AUDITOR'S OFFICE
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 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 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.
(7) The district attorney, or his or her deputies.
(8) An agency counsel, or his or her deputies.
(9) The sheriff, or his or her deputies.
(10) A chief of police, or his or her deputies.
(11) A security consultant.
(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. 4. The Legislature finds and declares that Section 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.
SEC. 5. (a) Section 2.1 of this bill incorporates
amendments to Section 54954.5 of the Government Code proposed by both
this bill and Assembly Bill 2690. It shall become operative only if
(1) both bills are enacted and become effective on or before January
1, 2013, (2) each bill amends Section 54954.5 of the Government Code,
(3) Senate Bill 1395 is not enacted or as enacted does not amend
that section, and (4) this bill is enacted after Assembly Bill 2690,
in which case Sections 2, 2.3 and 2.5 of this bill shall not become
operative.
(b) Section 2.3 of this bill incorporates amendments to Section
54954.5 of the Government Code proposed by both this bill and Senate
Bill 1395. It shall become operative only if (1) both bills are
enacted and become effective on or before January 1, 2013, (2) each
bill amends Section 54954.5 of the Government Code, (3) Assembly Bill
2690 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after Senate Bill 1395 in which case
Sections 2, 2.1 and 2.5 of this bill shall not become operative.
(c) Section 2.5 of this bill incorporates amendments to Section
54954.5 of the Government Code proposed by this bill, Assembly Bill
2690, and Senate Bill 1395. It shall become operative only if (1) all
three bills are enacted and become effective on or before January 1,
2013, (2) all three bills amend Section 54954.5 of the Government
Code, and (3) this bill is enacted after Assembly Bill 2690 and
Senate Bill 1395, in which case Sections 2, 2.1, and 2.3 of this bill
shall not become operative.
