Bill Text: CA AB582 | 2011-2012 | Regular Session | Amended
Bill Title: Open meetings: local agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB582 Detail]
Download: California-2011-AB582-Amended.html
BILL NUMBER: AB 582 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Pan
FEBRUARY 16, 2011
An act to amend Section 54957.6 of the Government Code, relating
to public meetings.
LEGISLATIVE COUNSEL'S DIGEST
AB 582, as amended, Pan. Open meetings: local agencies.
(1) The Ralph M. Brown Act authorizes a legislative body of a
local agency to hold closed sessions with the agency's designated
representatives regarding the salary and compensation of represented
and unrepresented employees.
This bill would require that proposed compensation increases
of more than 5% for unrepresented
specified employees be publicly noticed, as prescribed. By
adding to the duties of local officials, this bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54957.6 of the Government
Code is amended to read:
54957.6. (a) Notwithstanding any other provision of law, a
legislative body of a local agency may hold closed sessions with the
local agency's designated representatives regarding the salaries,
salary schedules, or compensation paid in the form of fringe benefits
of its represented and unrepresented employees, and, for represented
employees, any other matter within the statutorily provided scope of
representation.
However, prior to the closed session, the legislative body of the
local agency shall hold an open and public session in which it
identifies its designated representatives.
Closed sessions of a legislative body of a local agency, as
permitted in this section, shall be for the purpose of reviewing its
position and instructing the local agency's designated
representatives.
Closed sessions, as permitted in this section, may take place
prior to and during consultations and discussions with
representatives of employee organizations and unrepresented
employees.
Closed sessions with the local agency's designated representative
regarding the salaries, salary schedules, or compensation paid in the
form of fringe benefits may include discussion of an agency's
available funds and funding priorities, but only insofar as these
discussions relate to providing instructions to the local agency's
designated representative.
Closed sessions held pursuant to this section shall not include
final action on the proposed compensation of one or more
unrepresented employees.
(b) Consistent with subdivision (a) of Section 54952, proposed
compensation increases for unrepresented employees shall be publicly
noticed twice for the following purposes and in the following manner:
(1) First, for general notice and nonvoting and discussion
purposes.
(2) Second, in the event of a vote on the matter, no less than 12
days after the first notice, if the compensation increase is deemed
necessary by the legislative body of the local agency.
(c) For the purposes enumerated in this section, a legislative
body of a local agency may also meet with a state conciliator who has
intervened in the proceedings.
(d) For the purposes of this section, 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.
SECTION 1. Section 54957.6 of the
Government Code is amended to read:
54957.6. (a) Notwithstanding any other provision of
law, a legislative body of a local agency may hold closed
sessions with the local agency's designated representatives regarding
the salaries, salary schedules, or compensation paid in the form of
fringe benefits of its represented and unrepresented employees, and,
for represented employees, any other matter within the statutorily
provided scope of representation.
However, prior to the closed session, the legislative body of the
local agency shall hold an open and public session in which it
identifies its designated representatives.
Closed sessions of a legislative body of a local agency, as
permitted in this section, shall be for the purpose of reviewing its
position and instructing the local agency's designated
representatives.
Closed sessions, as permitted in this section, may take place
prior to and during consultations and discussions with
representatives of employee organizations and unrepresented
employees.
Closed sessions with the local agency's designated representative
regarding the salaries, salary schedules, or compensation paid in the
form of fringe benefits may include discussion of an agency's
available funds and funding priorities, but only insofar as these
discussions relate to providing instructions to the local agency's
designated representative.
Closed sessions held pursuant to this section shall not include
final action on the proposed compensation of one or more
unrepresented employees.
(b) Consistent with subdivision (a) of Section 54954.2, a proposed
compensation increase of more than 5 percent for a city manager,
deputy city manager, county chief administrative officer, deputy
chief administrative officer, or similar employee shall be publicly
noticed twice for the following purposes and in the following manner:
(1) First, for general notice and nonvoting and discussion
purposes.
(2) Second, in the event of a vote on the matter, no less than 12
days after the first notice, if the compensation increase is deemed
necessary by the legislative body of the local agency.
For
(c) For the purposes enumerated
in this section, a legislative body of a local agency may also meet
with a state conciliator who has intervened in the proceedings.
(b)
(d) For the purposes of this section, 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.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
