Bill Text: CA AB194 | 2013-2014 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: AB 194	AMENDED
	BILL TEXT

	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  54960.1   54954.3
 of the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 194, as amended, Campos. Open meetings:  actions for
violations.   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 every agenda for a regular
meeting or notice for a special meeting to provide an opportunity for
members of the public to address the legislative body on items being
considered by the legislative body, as  specified. The act
authorizes a district attorney or any interested party to seek a
judicial determination that an action taken by a legislative body is
null and void if the legislative body violated certain provisions of
the act.   specified, and authorizes the legislative
body, to   adopt reasonable regulations to ensure that the
intent of this provision 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  expand the authorization for a district
attorney or interested party to seek a judicial determination that an
action taken by a legislative body is null and void if the
legislative body violated the requirement that every agenda for a
regular meeting or notice for a special meeting provide an
opportunity for members of the public to address the legislative body
on items being considered, as specified.   expand the
above prohibition on the legislative body, to forbid the legislative
body, and its presiding officer or staff, from prohibiting, limiting,
or otherwise preventing public criticism, as described above, as
well as certain other designated activities related to public
comment. 
   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 54954.3 of the  
Government Code   is amended to read: 
   54954.3.  (a) Every agenda for regular meetings shall 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,
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 members of 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 members of the public to
directly address the legislative body concerning any item that has
been described in the notice for the meeting before or 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.
   (c)  The   (1)     Subject
to subdivision (b), the  legislative body of a local agency 
, or its presiding officer or staf   f,  shall not
 prohibit public   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.  Nothing in this
subdivision shall confer any privilege or protection for expression
beyond that otherwise provided by law.  
   (B) Comment by a member of the public on an item after the
introductory presentation has been made and before the body takes
action.  
   (C) Comment by a member of the public during presentation of the
item who has failed to provide notice of his or her desire to comment
at the beginning of the meeting.  
   (D) Comment by a member of the public based on his or her
viewpoint.  
   (E) A member of the public from using his or her allotted time for
comment by interrupting, questioning, or otherwise disrupting the
individual.  
   (2) This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise provided
by law.  
  SECTION 1.    Section 54960.1 of the Government
Code is amended to read:
   54960.1.  (a) The district attorney or any interested person may
commence an action by mandamus or injunction for the purpose of
obtaining a judicial determination that an action taken by a
legislative body of a local agency in violation of Section 54953,
54954.2, 54954.3, 54954.5, 54954.6, 54956, or 54956.5 is null and
void under this section. Nothing in this chapter shall be construed
to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
   (b) Prior to any action being commenced pursuant to subdivision
(a), the district attorney or interested person shall make a demand
of the legislative body to cure or correct the action alleged to have
been taken in violation of Section 54953, 54954.2, 54954.3, 54954.5,
54954.6, 54956, or 54956.5. The demand shall be in writing and
clearly describe the challenged action of the legislative body and
nature of the alleged violation.
   (c) (1) The written demand shall be made within 90 days from the
date the action was taken unless the action was taken in an open
session but in violation of Section 54954.2, in which case the
written demand shall be made within 30 days from the date the action
was taken.
   (2) Within 30 days of receipt of the demand, the legislative body
shall cure or correct the challenged action and inform the demanding
party in writing of its actions to cure or correct or inform the
demanding party in writing of its decision not to cure or correct the
challenged action.
   (3) If the legislative body takes no action within the 30-day
period, the inaction shall be deemed a decision not to cure or
correct the challenged action, and the 15-day period to commence the
action described in subdivision (a) shall commence to run the day
after the 30-day period to cure or correct expires.
   (4) Within 15 days of receipt of the written notice of the
legislative body's decision to cure or correct, or not to cure or
correct, or within 15 days of the expiration of the 30-day period to
cure or correct, whichever is earlier, the demanding party shall be
required to commence the action pursuant to subdivision (a) or
thereafter be barred from commencing the action.
   (d) (1) An action taken that is alleged to have been taken in
violation of Section 54953, 54954.2, 54954.3, 54954.5, 54954.6,
54956, or 54956.5 shall not be determined to be null and void if any
of the following conditions exist:
   (A) The action taken was in substantial compliance with Sections
54953, 54954.2, 54954.3, 54954.5, 54954.6, 54956, and 54956.5.
   (B) The action taken was in connection with the sale or issuance
of notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement thereto.
   (C) The action taken gave rise to a contractual obligation,
including a contract let by competitive bid other than compensation
for services in the form of salary or fees for professional services,
upon which a party has, in good faith and without notice of a
challenge to the validity of the action, detrimentally relied.
   (D) The action taken was in connection with the collection of any
tax.
   (E) Any person, city, city and county, county, district, or any
agency or subdivision of the state alleging noncompliance with
subdivision (a) of Section 54954.2, Section 54956, or Section
54956.5, because of any defect, error, irregularity, or omission in
the notice given pursuant to those provisions, had actual notice of
the item of business at least 72 hours prior to the meeting at which
the action was taken, if the meeting was noticed pursuant to Section
54954.2, or 24 hours prior to the meeting at which the action was
taken if the meeting was noticed pursuant to Section 54956, or prior
to the meeting at which the action was taken if the meeting is held
pursuant to Section 54956.5.
   (2) With regard to an action that is alleged to have been taken in
violation of Section 54954.3, this section shall not apply to any
agenda item except the agenda item or items acted upon in violation
of that section.
   (e) During any action seeking a judicial determination pursuant to
subdivision (a) if the court determines, pursuant to a showing by
the legislative body that an action alleged to have been taken in
violation of Section 54953, 54954.2, 54954.3, 54954.5, 54954.6,
54956, or 54956.5 has been cured or corrected by a subsequent action
of the legislative body, the action filed pursuant to subdivision (a)
shall be dismissed with prejudice.
   (f) The fact that a legislative body takes a subsequent action to
cure or correct an action taken pursuant to this section shall not be
construed or admissible as evidence of a violation of this chapter.