Bill Text: CA AB194 | 2013-2014 | Regular Session | Enrolled
Bill Title: Open meetings: public criticism and comment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-09-27 - Vetoed by Governor. [AB194 Detail]
Download: California-2013-AB194-Enrolled.html
BILL NUMBER: AB 194 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 20, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY JANUARY 27, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Campos
JANUARY 28, 2013
An act to amend Section 54954.3 of the Government Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 194, Campos. Open meetings: public criticism and comment.
The Ralph M. Brown Act requires, with specified exceptions, that
all meetings of a legislative body of a local agency, as those terms
are defined, be open and public and that all persons be permitted to
attend and participate. The act requires an agenda for a regular
meeting to provide an opportunity for members of the public to
directly address the legislative body on any item of interest to the
public, before or during the legislative body's consideration of the
item, that is within the subject matter jurisdiction of the
legislative body. The act excepts from this requirement an agenda
item that has already been considered by a committee, composed
exclusively of members of the legislative body, at a public meeting
wherein all interested members of the public were afforded the
opportunity to address the committee on the item, before or during
the committee's consideration of the item, unless the item has been
substantially changed, as specified. The act requires a notice for a
special meeting to provide an opportunity for members of the public
to directly address the legislative body concerning any item that has
been described in the notice before or during consideration of that
item. The act authorizes the legislative body to adopt reasonable
regulations to ensure that the intent of these provisions is carried
out. Existing law forbids the legislative body from prohibiting
public criticism of the policies, procedures, programs, or services
of the agency, or of the acts or omissions of the legislative body.
This bill would instead require the agenda for a regular and
special meeting to provide an opportunity for the public to directly
address the legislative body on any item of interest to the public
before and during the legislative body's consideration of the item,
except as specified. This bill would expand the existing prohibition
against a legislative body limiting public criticism to include
criticism of the officers and employees of the legislative body, and
specify other designated prohibited activities related to limiting
public comment. This bill would, if a legislative body limits the
time allocated for public testimony on a particular issue or for each
individual speaker, prohibit a reduction in that allocated time by
reason of the questioning or interruption of the speaker by the
legislative body or its officers or employees, and the speaker's
response to questioning.
This bill would incorporate additional changes to Section 54954.3
of the Government Code proposed by AB 1330 that would become
operative if this bill and AB 1330 are both chaptered and this bill
is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54954.3 of the Government Code is amended to
read:
54954.3. (a) Every agenda for regular meetings shall provide an
opportunity for the public to directly address the legislative body
on any item of interest to the public, before and during the
legislative body's consideration of the item, that is within the
subject matter jurisdiction of the legislative body, provided that no
action shall be taken on any item not appearing on the agenda unless
the action is otherwise authorized by subdivision (b) of Section
54954.2. However, the agenda need not provide an opportunity for the
public to address the legislative body on any item that has already
been considered by a committee, composed exclusively of members of
the legislative body, at a public meeting wherein all interested
members of the public were afforded the opportunity to address the
committee on the item, before or during the committee's consideration
of the item, unless the item has been substantially changed since
the committee heard the item, as determined by the legislative body.
Every notice for a special meeting shall provide an opportunity for
the public to directly address the legislative body concerning any
item that has been described in the notice for the meeting before and
during consideration of that item.
(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual speaker, and the procedure for public comment
on agenda items.
(c) (1) Subject to reasonable regulations promulgated pursuant to
subdivision (b), the legislative body of a local agency, or its
presiding officer or staff, acting in their official capacity on
behalf of the legislative body, shall not prohibit, limit, or
otherwise prevent any of the following:
(A) Public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the
legislative body or its officers or employees acting in their
official capacity.
(B) Comment by a member of the public during presentation of an
agenda item who has not provided notice of his or her desire to
comment prior to consideration of the agenda item by the legislative
body.
(C) Comment by a member of the public based on his or her
viewpoint where the comment is within the subject matter jurisdiction
of the legislative body.
(2) If a legislative body limits the total amount of time
allocated for public testimony on a particular issue or for each
individual speaker, the questioning or interrupting of the speaker by
the legislative body, its officers or employees, and the speaker's
response to questioning shall not reduce the total time allocated for
public testimony on the particular issue or allocated for an
individual speaker.
(3) This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise provided
by law.
SEC. 2. Section 54954.3 of the Government Code is amended to read:
54954.3. (a) Every agenda for regular meetings shall provide an
opportunity for the public to directly address the legislative body
on any item of interest to the public, before and during the
legislative body's consideration of the item, that is within the
subject matter jurisdiction of the legislative body, provided that no
action shall be taken on any item not appearing on the agenda unless
the action is otherwise authorized by subdivision (b) of Section
54954.2. However, the agenda need not provide an opportunity for the
public to address the legislative body on any item that has already
been considered by a committee, composed exclusively of members of
the legislative body, at a public meeting wherein all interested
members of the public were afforded the opportunity to address the
committee on the item, before or during the committee's consideration
of the item, unless the item has been substantially changed since
the committee heard the item, as determined by the legislative body.
Every notice for a special meeting shall provide an opportunity for
the public to directly address the legislative body concerning any
item that has been described in the notice for the meeting before and
during consideration of that item.
(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual speaker, and the procedure for public comment
on agenda items.
(c) (1) Subject to reasonable regulations promulgated pursuant to
subdivision (b), the legislative body of a local agency, or its
presiding officer or staff, acting in their official capacity on
behalf of the legislative body, shall not prohibit, limit, or
otherwise prevent any of the following:
(A) Public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the
legislative body or its officers or employees acting in their
official capacity.
(B) Comment by a member of the public during presentation of an
agenda item who has not provided notice of his or her desire to
comment prior to consideration of the agenda item by the legislative
body.
(C) Comment by a member of the public based on his or her
viewpoint where the comment is within the subject matter jurisdiction
of the legislative body.
(2) If a legislative body limits the total amount of time
allocated for public testimony on a particular issue or for each
individual speaker, the questioning or interrupting of the speaker by
the legislative body, its officers or employees, and the speaker's
response to questioning shall not reduce the total time allocated for
public testimony on the particular issue or allocated for an
individual speaker.
(3) This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise provided
by law.
(d) (1) To ensure that a non-English speaker who uses a translator
receives the same opportunity to directly address the legislative
body of a local agency as a speaker who does not use a translator,
notwithstanding subdivision (b), if that body limits time for public
comment, the time used by a translator to translate a non-English
speaker's comments into English shall not count toward the speaker's
allotted time.
(2) Paragraph (1) shall not apply if the legislative body of a
local agency utilizes simultaneous translation equipment in a manner
that allows that body to hear the translated public testimony
simultaneously.
SEC. 3. Section 2 of this bill incorporates amendments to Section
54954.3 of the Government Code proposed by both this bill and
Assembly Bill 1330. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 54954.3 of the Government Code, and (3) this
bill is enacted after Assembly Bill 1330, in which case Section 1 of
this bill shall not become operative.
