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 6, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 16, 2012

   An act to amend 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.
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.
   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. 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) 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.   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.  
   (2) The Attorney General, or his or her deputies.  
   (3) A district attorney, or his or her deputies.  
   (4) An agency counsel, or his or her deputies.  
   (5) A sheriff, or his or her deputies.  
   (6) A chief of police, or his or her deputies.  
   (7) A security consultant.  
   (8) 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.  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   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.