Bill Text: CA AB1988 | 2015-2016 | Regular Session | Amended

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Bill Title: Public meetings: closed sessions: confidential final reports.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1988 Detail]

Download: California-2015-AB1988-Amended.html

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BILL NUMBER: AB 1988	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2016

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 16, 2016

   An act to add Section 54956.77 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1988, as amended, Jones. Public meetings: closed sessions:
confidential final reports.
   Existing law authorizes the legislative body of a local agency
that has received a confidential final draft audit report from the
California State Auditor's Office to hold closed sessions to discuss
its response to that report, as specified.
   This bill would authorize  an audit committee created by
charter, ordinance, resolution, or formal action of  the
legislative body of a city that has received a confidential final
report from the city auditor to hold closed sessions to discuss its
response to that report.
   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.
   The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
   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 54956.77 is added to the Government Code, to
read:
   54956.77.   The   An audit committee created
by charter, ordinance, resolution, or formal action of the 
legislative body of a city that has received a confidential final
report from the city auditor may hold closed sessions to discuss its
response to that report.
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which adds Section 54956.77  of   to 
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 ability to protect sensitive information, public
safety, privacy, and security is compromised. Therefore, the health
and safety of the people of California are enhanced by giving the
 city councils   legisla   tive bodies
of cities  the authority to meet with the city auditor in closed
meetings to  discuss  the contents of a confidential
 audit.   report. 
  SEC. 3.  The Legislature finds and declares that Section 1 of this
act, which adds Section 54956.77  of   to 
the Government Code, furthers, within the meaning of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the purposes of that constitutional section as it
relates to the right of public access to the meetings of local public
bodies or the writings of local public officials and local agencies.
Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article
I of the California Constitution, the Legislature makes the
following findings:
   The protection of sensitive information, public safety, privacy,
and security is furthered by ensuring that  city councils
  legislative bodies of cities  may meet with the
city auditor in closed meetings to consider the contents of a
confidential audit.