HomeMy WebLinkAbout0193.092-
March 19,
THE HONORABLE CITY COUNCIL
PALO ALl'O I CALIFORNIA
Legislation to Revise the Bro~~et (SB lS38)
Members of the Council:
Report ill Erief
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The council is requested to oppose SB 1538, Senator Quentin Kopp'S
proposal 'Which 'iiould significantly revise the Brown A.ct~ If
enacted, 5B 1538 would narroW' the parameters of operational
flexibility available to thE! Council, and to the City'S
ccmmissions, advisory committees, and nonprofit corporations~
Bac.kqround
This bill is opposed by the League of California Cities} whom the
proponents of this measure criticize as advocating "secrecy" ~
This criticism is irenic, because the Ralph M. Brown Act, the
"open-meeting law", was originally co-sponsored by th~ League, and
municipal qover-runent continues to operate more openly than the
St3te Legislature, which exempts itself from the provisions of this
leqislation~
rmpact of the Proposed Legislation
Senat~ Bill 1538 seeks to place a number of addition~l restrictions
on municipal government by increasing the specificity of
regulations that apply to the holding of meetings, the definition
of umeeting t1 , and the relationship bet\rJeen a city council and its
city attorney.
Senate Bill 1538 changes the definition of -legislative body" to
include any board, commission, committee I or nonprofit corporation,
to which authority is delegated by the city Council.
This revision of the Erown Act .. "auld make the law's pro·.,rision
applicable to any nonprofit organization 'Whose activities arc
supported by public funds. These additional regulatory require
ments are apt to Significantly increase the adrninist~ative burden
placed on such orga1".izations. There is also a question of ... 'hat is.
meant by -activities supported by public funds". Whether it
includes staff support, or tr.e actual appropriation of revenues, or
both, is rot clear.
CHR:193:92
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The ability of the Council, ccmmissions l 3dvisory boards and
comlnittees, which are dp:signated as "legislative bodies ll bj' this
bill, to attp..{1.d social and cEremonial functions is re.stricted~ The
exemption to this prchibition is if the occasion ~a5 not organized
or sponscred by the "legislative body!!, For example, it 'Would
appe-ar that if the Council sponsored a civic rally in support. of
Red Ribbon Day, the annual anti-drug effort~ Council Merebers would
be committing a misde~ee.:1or if a majority of them attended.
Ho'Woaver, Council Members could attenc1 a holiday part}-, provided
that a l!tajorl ty of them refrain from "us:ing the oc-casior. to
collectively discuss any bu&iness within the subj~ct matter
jurisdictic~ to which the body pertai~s."
Under current law, the Council may go into closed session ~ith the
City's designated representatives to discuss salaries, salary
schp.dules, or compensation paid to its employees in the form of
fringe benefits. Senate Bill 1538 would limit those closed
session,,;; solely to periods of active negotiation~ It als') appears
it would exclude from seSsions a.t ~hich co:mpensation shall be
negotiated any employee directly or indirectly interested in the
outcome.
C,,!;!lclusiQl1
This report highlights some of the critical features of 58 1538.
The new requirements proposed in this bill are unnecessary, they
are expensive and sxcessively rigid, and they ~ill lead ~o
litigation and conflict, rather than promote open govern~ent and
the public interest, es is ostensibly the intent cf ttis
legislation.
A report to the Cmmcil from the city Attorney accompanying this
report provides a point by point opinion of the impact t')f the
legislation.
Rer:olZlJf:lendation
staff reco~~ends that the Council oppose S9 1538 and direct staff
to advise the League of California Cities and appropriate members
of the Legislature cf that opposition.
Respectfully submitted,
BRW HERR.'<N
Legislative Analyst
~~}d ,
JUNE FLl:.l'"I:,·W
Assistant city Manager
Attachment: SB 1538 text
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fLo/:-?i1J--
Assistant to the city Manager
Related report: Report .Frorr. city Attorney, 3/18/92
CMR:193:92
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SEtJATE BILL
It: bill text, bra~,ts have special mea:,ing:
[.I:.> <A]
[0> <OJ
contains addad text, and
contains deleted te~t.
No. 1538
=~~~~========~======~-=~==~==~=~==--~=~=====~==~~=====~=~~======~==~=====~
Introduced by Senators: Kepi', A.yala, Marks, and Rosenl:hal
(COauthors: Assembly Members Conroy: Filante, and Nolan)
Febr~ary 18, 1992
===:=====""=="""""==~==="============== ::======, ====== =::;:= "" ... ===""" =====':;===""=='-'=~=--"" "" ===
An act to amend Sections 54951.1, 54951.7, 54952, 54952.2, 54952.3,
54953.5, 54954, 54954.2, 54954.3, 54956.9, 54957, 54957.1, 54957.2,
54957.5, 54957.6, 54.957.7, 5~959, 54960.1, 54960.5, and 54961 at, to
amend and renumber Sections 54952.5, 54952.5, and 54952.7 off and to add
Sectior.s 54952.5, 54952.6, 54954.5, and 54963 to, 't.he Government Code,
relating to open meetings.
LEGISI.ATIVE COl;1~SEL' S DIGEST
SB 1538, as introduced, KOpp. Open meetings of local government.
The Ralph M. Brown Act generally requires that the ~eetings of the
legisl~tive bodies of local agehcles, as those terms are defined, be
condUcted openly, ~ith specified exceptions. Among other things, the act
makes ~ertain notice requirements co~cerninq public meetings and makes
it a misdemeanor for a me~~er of a legislative body to attend a meeting
where a violation occurs ~ith knowledge of the fact that the meeting
violates the act.
Existing law makes private nonprofit organizations that receive
public ~oney to be expended for public pu~poses pursuant to certain
federal eccnomic opportunity act provisions subject to the Ralph M.
Bro~ Act as local agencies.
This bill WOUld, instead, define local age~cy to include all private
nonprofit orgl.!;.niz:ations lrdth respect to their meetings ccncerning
programs or activities supported by public funds to be expended for
public purposes.
Under existing law, local agency, for purposes of the Ralph M. Brown
Act, includes any nonprofit corporation created by o~e or ~cre local
aqencies having ~embers on its board of directors with the purpose of
makin~ or operating any public work project.
This bill ~ould define public ~ork project to
or infrastructure improvement, and its associated
activities intended for pu:blic rather than privat
include any ~tructure
services and
benefit.
The Ralph M. Brown ~ct defines legislative body to include any body
on which otficers ot a local agency serve in their official capacity as
members and which is supported by funding frem that loca1 agency.
, .. , This bill .... ould delete the requirt::rr,ent that the officers who are
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me'lllbers n<Ul'-,t serve in their official capacity.
The Ralph M. B~own Act also defines l~gislative body as any
mul timembe!" body which exen:isF;'s any authority of a legislative body of
a local agency delegated to it by that legislQtive body.
This bill ~ould specify that such a body is a legislative body
'",rhethe.r it is organized and operated by a local agency or by a private
t.!orporation.
The Ralph M. Brown Act defines legislative body to include an
advisory body of a local agency.
This bill 'Would require an advisory bod;{ to post an agenda fer its
meetings in the mann~r required of t~e body it advises. The bill would
exclude a limited duration a~ hoc committee from the definition of
legislative body but ',,;ould include any standing cO!:Ullittoae of a governing
body irrespective of its ccrnpositio!'l.
This bill ~ould also define le?islative body to include the
body-elect resulting from the election to incorporate a municipality or
other local agency~
The Ralph M. Ero .... n Act generally requires all lneetings of the
legislatiVE body of a local agency to ba open and public.
This bill would define "meeting," with exceptions, as any
congregation of a majority of the members of a legislative body in the
sa:me time and place, any series of gatherings of less than a majority of
members relating to items within the jurisdiction of the body if the
CU1:lulative result is that a majority of members has become involved in
the meetings, and the use of intermediaries or technological devices
permitting a majority of the members to become a~are of an item of
business and the views of ether ::r:embers and to negotiate a consensus
thereupon.
The Ralph M. Brown ~ct permits recording of open and public meetings
by any person.
This bill would make any recording ~ade at the direction of a local
agency a public record under the California Public Records Act, as
specified.
Under the Ralph M. Ero~n Act, meetings of the legislative body of a
local agency need not be held within the boundaries of the territory
over which the agency exercises jurisdiction. If an emergency makes the
designated meeting place unsafe the presiding officer may designate a
meeting place for the duration of the emergency.
This bill would require meetings to be held \iit.hin the boUndaries of
the territory of the agency, with limited exceptions, and W'oula permit
the presiding officer's designee to designate an emergency meeting
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place.
The Ralph M. Brown Act requires the posting of an agenda at lc~st 72
hours before a regular meeting of a legisla,tive body briefly describing
each item of business and restricts ~ction or discussion of the meeting
to these items on the agenda, unless, by at least a 2/3 vote# as
specified, the legislative body decides there is a ne~d fo~ action on a
nonsgenda item.
This bill would require the agenda to contain a meaningful
description of each item, as defined, and ~ould permit members of a
legislative body to re~pond to certain questions not relating to agenda
items. This bill would make further restrictions on the discussion or
action on nonagenda items.
The Ralph M~ Brown }o~ct requires the agenda for a regular meeting to
provide an opportunity for members of the public to address the
legislative body.
This hill ~ould require the agenda for a special meeting at which
action is proposed to be taken on an item to provide an opportunity for
members of the public to address the legislative body prior to action on
the item. The bill ~ould further require the legislative body not to
abridge or prohibit public criticism of the agency, as specified.
This ~ill ~ould also prescribe disclo5ures of the nature of closed
sessions according to a specified format~
The Ralph M. B-rown Act permits closed sessions of a legislative body
to confer ~ith# or raceive advice from, its legal counsel regarding
pending litiqation when discussion in open session would prej'.l.dice the
position of the local agency in the litigation and describes the
circumstances which constitute pending litigation. The act requires the
lEgal counsel to prepare a memorandum concerning the reasons and legal
authority for the closed session.
This bill would specify that litigation shall not b~ deemed p~nding
if contingent on some futu.re action of the legisla-t;ive body, as
specified. The bill loIould delete the lr.e.rnorandu:rn .ceq\.iirement.
under the Ralph M. Brown Act, closed sessions may ~e held for
various reasons, including matters relating to employees, as defined,
and to discuss matters of national security.
This bill would delete the national security exception for closed
meetings, and wou.ld revise the definition of employee to exclude any
elected official, member of a legislative body, or person providing
services to the local agency as an independent contractor or the
employee of an independent CQntractor.
The Ralph M. Brown Act requires the legislative body to publicly
report closed session actions taken and roll call votes to appoint,
employ. or dismiss a public employee.
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This hill W'otlld instead require the legislative body to publicly
reporc any action taken in c]ose-d session and the vote or abstention of
every me~ber present on real estate negotiations, litigatio~ and pending
litiqatioJl issues l claims tor various liability losses:, varlDUS
personn~l actions, and certain collective bargaining matters~ The bill
'Would prescribe how the reports ar~ to be made and w'ould require a
written summary of the information to be posted, as specified, thereby
impD5i~g ~ state-~andated local program.
The Ralph M. Brown Act permits a legislative body to keep a minute
book ot the: topics discussed and ciacisions roade at closed sessions
available only to the members, or the cou~ts if a violation of the Ralph
M. Brown Act is al1~ged to have occurred.
This bill would require any legislative body of a local agency to
cause all discussion in every closed session to be audio taped and to
preserve the tape for one year r there~y imposing a state-mandated local
pr-ogr-am. The recordings would not be publ ic recrJrds but lI.'ould De subject
to inspection by the district attorneYr the grand jury, or the superior
court in carne~a regarding potential violations of the Ralph M. Brown
Act ..
Under the. Ralph M.. Bro~n Act l agendas and -writings distributed t.o
members of the leqislat.ive 1:>ody b:f persons connected wi th the body for
discussion or consideration at a public meeting of the body are public
records unless speGifically exempt from public disclosure.
This bill ~ould make ~itings distributed to members by any person
in connection with a matter subject to dis~ussion or consideration at a
public ll:E'"etinq public records, and would make lI.'t" itir.gs intended for
distribution prior to commer.cel!'.ent of a public meeting public records
whether or not aotually dist~ibuted tOI or received bYI the legi$lative
body at the time of request for copying.
The Ralph M. Bro~n Act permits closed sessions of ~ legislative body
with the local agencyrs desigr.ated representatives regarding the
salaries, salary schedules, or conpens3.tion paid in the form of fringe
benefits of its represented and unrepresented employees.
Thi$ bill would restrict those closed sessions to periods of active
consultation and discussion and ~ould exclude from the closed sessions
employees directly or indirectly interested in the outcome of
negotiations.
'fhe Ralph M. Brown Act requires the l€lgislative body to state the
general reason or reasons for helding any closed session prior to or
after holding the closed session.
This bill would require the reasons co be stated prior to holding
the closed. sess.ion and 'Would specify the. format fer the statexr,ents.
Under the Ralph M. Bro~n Act, each member of a legislative body ~ho
attends a meeting of the body wherE action is ta~en in violation of the
act wit.h knowledge that the meet.ing violates the act is gu.ilty of a
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misdemeanor.
This bill 'Would instead provide that. eacl'. zr.ember ""ho attends or
participates in a meeting of the bodr 'Where ac'Cio;t is taken in violation
of specified provisicns of the act is guilty of a -misdemeanor.
This bill. by revising the defi~ition of the apove crime. by
enlarging the n\~ber of persons and bodies subject to the P.alp~ M. BrQ~n
Act. anc by revising the defini~ion ~f a meeting elsewhere in the bill
~culd enla~ge the scope of existinq crime~ and would create new cri~e5
and would thereby impose a state-mandated local program~
The Ralph M~ Brc'.m Act permits any in~erested person to COm.-nence an
action by mandamus or injunction to obtain a judicial determination that
an action taken by a legislative body in violation of specified
provisions of the act is null and void. However, a prior demand must
first ~e made of the legislative body to cure or correct the alleged
violation.
This bill would provide that ar.y such alleged violation taken 'With
SUfficient secrecy to prevent its reaching public attention within 30
days is subject to immediate challenge upon discovery without demand for
cure or correction. The bill would also specify that such an action is
nUll, void, ar.d unenforceable ab initio and its subject matter m8Y not
be addressed by subsequent action of members who participated in the
action.
The Ralph M. Brown Act permits ~ court to award court costs and
reasonable attorney te~s t~ the plaintiff where the c?urt has found that
the le9islativ~ body has violated the act, and to a defendant ~here the
d.efendant prevailed in a tinal determination of the ~c1:ion and the court
finds the action cl~arly frivolOUS and totally lacking in merit.
This bill ~culd require the court to make those ~wards_
The bill would prchibit the conduct of meetings ~r functions in
faciiities inaccessible to wheelchairs or that require members of the
public to make a p3ym~nt or p~rcha5e~
The bill would prohibit a legislative body frQm adopting or
enforcing any rule to penalize or discourage the free speech of its
members, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
statuto~y provisi~ns establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act fer a specified reason.
Vote: majority~ Appropriation: no~ Fiscal committee: yes.
state-mandated local program: yes.
The people of ~~e state of California do ena=t as follows:
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SEC-lION 1. Section 54951.1 of the Government code is amended to
re.ad:
54951.1. For the plJrposes of this chapter, and to the extent not
inccnsiste~t with [A> state or <A] fed~ral la~, the term nlocal agency"
shall include all private nonp!"ofit organizations (9) tl:iiiot i£oac'i'i' ... e
'QG1~~ a6RQY (9) [A> with respect to meetings of tneir boards of
directors ccncerni~g programs or activities supported by gr~nts,
contracts, or other f""-nding from federal, state, or local public
agencies -<:AJ to be eX(:.oended for public purposes {9,y ptifEuaRt. tie 1;:Ra
·SGl13ReIllie Q}3:}3:e~ity Act af l%~n (FaL. 98 '52, 78 Stat. see) <6)
SEC. 2. Section 54951.7 of the Government Coda is amended to read:
54951.7. BLocal agencyn includes any nonprofit corporation, created
by one or more local agencies, anyone of the members of whose beard of
cHrectors is appo:,inted by (D>~ <0) [A> the <A] local agencies and
'Which is formed to acql.lire, construct, reconstruct, !r.aint<,!jn or operate
any public work project. LA> For th~ purposes of this sec.tion, "public
worK project n includ~s any structure or infrastructural improvement, and
its associated services and activities, intended for public rather than
private benefit. <A]
SEC. 3. Section 54952 of the Govern~ent Code is amended to read:
54952 • .As used in this chapter, "legislative body" mea'ns the
governing board, commission, directors or body of a local agency, or any
board or commission thereof, and shall include any board, commission,
committee, or other body on Yhich officers of a local agency serve
[D~ iR ~AsiF Qffi~i.l ~apQ9i~y <DJ as members and ~hich is supported in
whole or in part by funds provided by [D~DJ (A> the <A] agency,
whether [0> &'Ia~ <0) [A> the <A1 board, commission, committee or other
b-ody is organized and operated by [D)' slieR <OJ [A> the <A] local agency
or by a private corporation.
SEC. 4. Section 54952.2 of the Governmen-c Code is ar.lended to reao:
54952.2. As used in this chapter, Mlegislative bodyn also means any
board, commission, committee, or similar multimember body ~hich
exercises. any authority of a legislative. body of a local agency
delegated to it by that legislative body [A> ~heth~r the board,
co~ission, committee, or other body is organized and operated by the
local agency or by a private corporation <AJ .
SEC~ 5. Section 54952.3 of the Gov'?crnrnent Code is amended to read:
54952.3. As USed in this chapter "legislativ~ bodyn also includes
any advisory co~~ission, advisory comnittee or advisory body of a local
a~ency, created by charter, ordinance, resolution, or by any similar
formal action of a legislative body or member of a leg'islative body of a
local agency.
Meetings of [D) e~efl <DJ LA> those <A] advisory commissions,
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committees or bodies con~erning subjects ~hich do not require an
e'Xamination of facts and data o\J.tsid-e t.he terr it-ory of the local agency
shall be held ~ithin the territory of the local agency ~nd shall be open
and public, an~ notice thereof must be delivered personally cr by mail
at least 24 hours before the time oi such ~eeting to each person who. has
req,uested, in writing, notice of such Il:'.eetinr;.
If the advisory co!t'.rnission, committee or body elects tc provide for
the holding of reg'ular meetings, it shall provide by byla"Ws, or Ly
.... hatever othe-r rule is uti 1 ized by t!'tat advisory body r.,r the conduct at
its business, fer the time and place for holding such regular ~eetinqs.
No (0) etl:t~ <D) notice of regular mee'tings (A> , other than the posting
of an agenda pursuant to section 54954.2 in the place used by the
legislative body that i,t advises. <AJ is required"
1'Legislative body" as defined in this section does nQt include a
[A> limited duration ad hoc <A] co~~ittee composeJ solely of members of
the gGverning body of a local agency which are less than a quorum of
(D>~ <D] (A> the <A] governing body (A> but does include any
standing com.mittee of a g':Nerning body irrespective of its composition <AI
The provisions of Sl9ctions 54954, 54955, (A> and <A] 54955.1 (D> __
aRd 54~i6 <Dl shell not apply to ~eetings under this section.
SEC. 6. Section 54952.5 of the Government Code is amended and
renumbered to read:
(0) eE§~.5, <DJ
[A> 54952.4. <A) As used in this chapter "legislative body" also
includes, but is not limited to~ planning commissions, library boards,
l"ecreation cot'l!nissions, and other permanent boards or commissions of a
local agency.
SEC. 7~ section 54952.5 is aodEd to the Government Coder to read:
54952.5. As used in this chapter, "legislative body" includes the
b-ody-elect resulting from ant election to inco::'porate a municipality or
to form any other local agency. This chapter shall apply to those bodies
trom the date of their election. Meetings of those bodies or of
legislative bodies created or appointed by them shall be preceded by
notice to the ~edia pursuant t~ Sec~ion 54956 until the time that the
local agency has establiShed a time and place for regular meetings and a
location for posting of its agendas pursuant to Sections 54954.2 and
54956.
SEC. B~ Section 5-4952.6 of the Government Code is amended and
renumbered to read:
[D> iH(ii~ , <D]
fA> 54952.7. <A] },5 1.!sed in this chapter I Naction taken" lr.eans a
collective decision made by a Ir.ajority of the members of a legislative
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body, a ~ollective comnitment or prQmi~e by a majority of the members of
a legislative Lody to make a positive or a negative decision, or an
actual vote by a majority of the members of a legislati .... e body ..... hen
sitting as a body or entity, upon a motion, proposal, resolution, order
or ordinance.
SEC. 9. section 54952.6 is ~dd~d to the Gov~rnnent Code, to read:
54952.6. (a) As used in this chapter, "meeting,j includes all of the
following:
(1) Any congregation of a majorit;{ of the :me~,bers of a legislative
body in the same ti~e and place.
(2} .~y series of gatherings of les3 than a majority of a
legislative body to hear, disc~ss. or deliberate upon any item that is
""ithin t.he subject matter jurisdiction of the legislative body or the
local agency to which it pertains, if the cumulative result is that a
majority of members has become involved in the gatherings.
(3) Any ether use of personal intermediaries or technoloqical
df::vi.ces that permits a majority of the members. of a J.egislative body to
become a"""are of an ite1'!1 of business and of the vie\olS or positions of
other membt;rs ..... ith respect thereto, and to negotiate consensus
thereupon.
(b) Nothing in subdivision (a) shall impose the requirements of this
chapter upon any of the follo~ing!
(1) Individual contacts O~ conversations bet\oo'cen a member of a
legislative. body and a constituent Which 00 not convey to t.he m.embe.r the
views or positions of other members upon the subject matter of the
contact or c.onversation~
(2j The attendance of a majority of the members of a legislative
body at a conference organized for the benefit of local agencies
generally, or at a ~eeting organized to address a t~pic of local
community concern and open to the p~blic, provided that a majority of
the members refrains from using the occasion to collectively discuss the
topic of the gathering or any other b ..... sine$s within the subject matter
jurisdiction of the agency to ~hich the body pertains.
(3) The attendance of a majority of the members of a legislative
body at a pure.ly social or ceremonial occ'!sian other t.han one sponsored
or organized by or for the legislative oody itself, provided that a
majority of the members refrains frem using the occasion to collectively
discuss any business ~ithin the subject matter jurisdiction of the
agency to which the body pertains.
SEC. 10. section 54952.7 of the Government Code. is amended and
renumbered to read:
[D> 54952.7. <OJ
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[A> .54952.B. <AJ A legislative body of a local agency may require
that a copy of this chapter be <;iver: to each rnembEor of the legielative
b..:xiy~ An elected legislative body of a local agency may require that a
copy of this chapter be given to each member of each legislative body
all or a rnajority of ..,hcse members zre appointed by or under the
authority of the eleele-do legislative body~
SEC. 11. section 54953.5 of the Governlr.ent Code is arne~ded to read:
54953.5~ Any person attending an open anti public meeting of a
legislative body of a local agency shall hav~ the right to reco~d the
proceedings lD>~<DJ [A> vith an audio or video <A] tape recorder
fA> or a still or motion picture camera <AJ in the absence of a
rea!',onable finding of the legislative body of the local agency that
[D>~ <O} LA> the <A} recording £D> .e'HEti-tcltes, Qr 'w'S'Cld. eeR!?tit-4te,
-&-<0) (A> cannct continue without noise, illumination. or obstruction of
vie~ that constitutes a persistent <A) disruption of the proceedings.
[A> ~_y tape or film record of these p~oceedings made for ~hatever
purpos£ b~ or at the direction of the local agency shall be a public
record subject to inspection pursuant to the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), and shall not be erased or destroyed after a r~quest for inspection
or copying of that record has ~een made, until the requested inspection
or copying has been accomplished. Any in$pection of a video or tape
recording shall be provided ~ithout charge on a tape recorder made
available by the local agency. <A)
SEC4 12. Section 54954 of the Government Code is aMended to read:
54954. The legislative body of a local agency shall provide, by
ordinance, resolution, by-la~~, or by whatever other rule is required
for the conduct of business by that body, the time [A> and place <A) for
holding regUlar meetings4 Unless otheI"1Mise [D> f:H .... i>3.9Q (SF iF! t)u i!lSIs
wRj~r ''Ai.a tl:Hl 19Qal a~aRey PilS f8FHed <D] tA> reqtlired by state or
federal law or necessary to inspect real property nr personal prnperty
which cannot be conv~niently brought ~ithin the boundaries of the
territory over .... ·hich the local agency exercises jurisdiction <AJ •
meetings of the legislative body [D>--RCe:a F.et <D) [".> si)all <A) be held
within the boundaries of [D>~ <DJ {A> that <A) tcrrit.ory [P>~
T;j'hicp tile leCll it,,;eJ:\cy e~Q;n;i'iiQ'ii j,,;;=:i.'ii;;aictigA <D) . If at any time an"J'
regular meeting falls on a holiday, [D>~ <D] [A> that <A] regular
meeting shall pe held on ttle next bUsiness day. tf, by reason of firer
flood, earthquake or ether emergency, it shall be unsafe to meet in the
pla~e designated, the meetings may be held for the duration of the
emergency at [D>~ <0) [A> the <A] place. [D> a6 is <D] designate'j by
the presiding officer of the legislative body (A> or his or her design~e
in a notice to the loca 1 media \o,'hn have requested notice pursuant to
section 54956, by the most rapid means of conununicatiol"l operative at the_
time <A]
SEC. 13. section 54954.2 of the Government Code is amended to read:
54954.24 (a) At least 72 hours before a regular meetir.q, the
legislative body of the local agency. or its designee, shall post an
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agenpa containing a (D> ~Fi~f ,e~eFal <DJ (A> meaningful <A) descr~ption
of each item of bUsin€ss to be transacted or discussed at the roeet~ng.
(A> A description is meaningful within the meaning of this section it it
is Sufficiently clear and specific to alert a person of average
intelligence and education 'w.'bose intere-sts are affected by the item that
he or she mav have reason to atte;"d the meeting or seek lI'.ore inf~rrr;~tion
on the item. -The descriptio:"'1 shall be br iet, concise. and nontechnical,
en~ ~ay if necessary refer to explanatory documents, such as
correspondence or the reports of a cocmittee, staff official, or
d~partment, posted adjacent to the agenda or, if the documents are of
more than one page in length, available for public inspection and
copying at a state:.d location during the nor-mal office hours of the local
agency. A description is not meaningful .... .ithin the rnear:ing of this
section if it is so vaguely, technically~ or misleadingly p~rased as to
be unlikely to alert a person of average intelligence and education
~hose interests are affected by the item that he or she may have reason
to attend the meeting or seek more information on the item. <A] The
agenda shall specify the time and location of ttle regular me.etin;; and
shall be posted in ~ location that is freely accessible to members of
the publicG No action [A> or discussion <A) sr:.all be (D> 'ta;l;'E"11 <DJ
[A> undertaken <A) on any i~em not appearing en the posted agenda (A> ,
except that members of a legislative body may respond to statements made
or questions posed by persons exerCising their public testimony rights
under Section 54954.3 to the extent of asking a que3tion for
clarification~ providing a reference to staff or other resources for
factual information, or r~questing staff to report back to the body at a
subsequent meeting concerning the :matter raised bi' the testimony <A] .
(b) Notwithstanding subdivision (a). the legislative body Z!:!ay take
action on items of business not appearing on the posted agenda under any
of the follcwinq conditions!
,1, upon a determination by a majority vote of the legislative body
that an emergency situation exists, as defined in Section 54956.5.
(2) upon a [A> good faith, reasonable <~J determination by a
t\>;o-thirds vote of the legislative body, or, if less than t-",'o-thirds of
the ~embers are prese~t, a unanimous vote of those ~e~bers present, that
the need to take p'.> irn..>nediate <.A] action (0) a.QfijO <OJ [A> on the item
is so imperative as to threaten serious injury to the public interest if
action were deterred to a subsequent special or regular meeting l and
that the need for the action cam", to the attention of the local agen'Cy <A]
subsequent to the agenda being posted as specified in subdivision (a) ~
(3) The item ~as posted pursuant to subdivision (a) fo~ a prior
meeting of the legislative body occurring not more than five calendar
days prior to the date action is taken on the item, and at the prior
meeting the item '4o'as continued to the meeting at which action is being
taken.
SEC. 14. Section 54954.3 of the Governrr.ent Code is amended to read:
54954.3. (a) Every agenda for regular meetings silall provide an
opportunity for members of the public to directly ad:!ress the
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Ipgislative ~1Y on ::!.ny itel'l'l of interest to the put-lie, before or du:ring
the legislative body's consideration of the itero j that is ~ithin the
subject ~atter jurisdiction of the legisl~tive body, provided that no
action shall be taken on any item ~ot appearing on the agenda unless the
action is otherwise authorized by subdivision (b) of Section 54954.2.
(Ja.> Every agenda for :l special meeting at '\r,'hich action is proposed to be
~aken on an item shall provide an oppor~unity fo~ members of the public
to directly address the legislative body concerning that item prior to
action on the item. <AJ HO'w'ever, in the case of a meeting of a city
council in a city or a poard ~f supervisors in a city and county~ the
ag.mda need not provide an opportunity for me.rr.bers of the public to
address the cO·>.lncil or :board on any iteDl that has already been
considered by a committee, composed exclusively of members of the
councilor board, at a public meeting ~herein all interested members of
the p~blic were afforded the opportunity to address the committee on the
itel'D, before or dilI""ing the committee's consideration of the item, unless
the item h~s been supstantially changed since the committee heard the
item, as determined by the council cr board.
(b) The legislative Dodi of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried out,
including, but not limited to, requlations li~iting the total amount of
time allocated for-public testi:nony on particular issues and fOl: each
indiv~dual speaker.
lA> (c) The legislative body of a local agency 6hall not abridge or
pI""ohibit public criticism of the policy, procedures, programs, or
services of the agency, or of any other aspect of its proposals or
activities, or of the acts or omissions of the legislativ~ body, on ·the
Dasis that the pe~for~ance of one or more public employees is
implicated: or on an)' basi.s other than reason,able time constraints
adopted in regulations pursuant to SUbdivision (b). Personalized, ad
hominem attacks which go belond criticism of policies, procedures,
programs, or services as such and focus on the character or integrity of
a named or clearly identifiable public employee, however. i~cluding
specific, unsubstantiated allegations of crime, immorality, or unethical
behavior on his or her part, shall not be tolerated as part of public
te6timony and, when ventured by a speaker, shall require the legislative
body to invite the 5peak~r to convey his or n~r complaints or charges ~o
the legislative body in closed session. <AJ
SEC. 1S. Section 54954.5 is added to the Government Code, to read:
54954.5. (a) In addition to the description of items to be
discussed or acted upon in open and public session, the agenda posted
pursuant to Section 54954, any mailed notice given pursuant to Section
54954.1. and any call and notice delivered to the local media and posted
pursuant to s~ction 54956 shall specify and di~close the nature of any
closed sessions in the following form:
(1) With respect to a closed session held pursuant to
Section 54956.7:
L!CENSE/PERMIT DZTER.'"'IINATION":
____ applicant(s)
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The sPdce s~al1 be used to specify the number of perso~s
..... hose applications are to be rl:vie ... 'ed.
(2) With respect to every item of business to be
discussed in closed session pursuant to Section 54956.8;
CONFERENCE WITH REAL PROPERTY
NEGOTIATOR
Property:
Pe~son(5) negotiating:
Under negctiation:
--------
Price __ Terms of payment Both
The space under' 'Property" sf.all b(> used to list"an
address or other description or na~e ~hich permits a
reasonably ready identification of each parcel or
structure subject to negotiation. The space under
"Pe~son(s) negotiating" shall be ~sed to identify the
person or person::;. with wham !1€!gotiations concernin9
that property are in progress. The spaces under "Under
negotiation~~ shall be checked off as applicable to
indicate which issues are to be discussed.
(3) With respect to every item of business to be
discussed in closed sessien pursuant to Section 54956.9,
either:
CONFERENCE WITH LEGAL COUNSEL
Existing litigation:
Unspecified to p-rotect serVice of--------
process
Unspecified to protect settlement
posture _ or:
CONFERENCE-WITH LEGAL COv~SEL
Anticipated litigation:
--As defendant As plaintiff
The space under ~ ~Existing-ritigatio!"lll shall be used to
specifically identify a case un~er discussion pursuant to
subdivision {a) of Section 54956.9, unless the
identification would jeopardize the local agency's ability
to effectuate service of process upon one or more unserved
parties, in vhich instance the space in the next succeed
ing line shall be checkea, or unless the identification
would jeopardize the local agency's ability to conclude
existing settlement negotiations to its advantage, in
~hich instance the space in the next succeeding line shall
be checked. If the closed session is called pursuant to
subdivision (b) or (c) of SEction 54956.9, the appropriate
space shall be chec}~ed under "Anticipated litigation"
to indicate the local agency's anticipated position as
defendant or plaintiff respectively. If more than one
instance of anticipated litigation is to be reviewed/
space may be saved by entering the nurober of separate
instances in the '~As defendant·, or "As plaintiff"
spaces or both as aprropriate.
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(4) with respect to every item of business to be discussed
in closed session pl.:rsuant. to Se,::tic.n 540956.95:
LIABILITY CLAIMS
Name of claimant:
Name of local agency-claimed agaf=-tst!
Type oi-liability:
Tcrt public
Worker-57 compensation ---
{5) with respect to every item of business to be discussed
in closed session pursuant to Section 54951, either;
or:
or:
or:
or:
or:
THF.LAT TO PUBLIC SERVICES OR
FACILITlES
Name, title, and agency of la~ enforcement
officer(s) to be cor.ferred wit.h:
PUBLIC EMPLO~.!EE. APP01N'I'MENT
Title/description of position(s) to be filled:
PUBLIC EMPLOYEE HIRIl'G
Title/description of position(s, to be filled:
PUBLIC EMPL~YEE PERFORMANcE
EVALUATION
Name and position of employee(s} being
evaluated:
PUBLIC EMPLOYEE DISMISSAL
Number of employees affected:
PUBLIC EMPLOYEE CONDtJC'I'
(CO~1PL1>.!N'fS I CHARGES)
Number of employees affected:
(6) With respect to every item of p!.Jsiness to be
disc~6sed in closed session pursuant to Section 54957.6,
either:
or:
CONFERENC~ WITH NEGOTIATOR-
S)'.LAF.'! /BENEFI'l'S
Name and title of employer's negotiator:
Name of or9an~zation(s} representing e~ployees or
name$ and titles of affected employees without
organizational representation:
CONFERENCE WITH NEGOTIATOR-
MANDATORY BARGAINING
Name and title of e~ployer's negotiator:
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Nane of organiz3tion representing
employees:
Issue(s) under negctiation:
(7) with respect to closed s~ssions ca lied pursua!"rfto-~
Section 54957.S:
CAS~ REVIE'.jPLA1<!IING
{8) With respect to every item of bu.siness di5ClJ~ged in
closed session pursuant to section 54962 and Section 32106
or 32155 of the Health and Safety cade, either:
or:
REPORT INVOLVING TRADE SECRET
Discussivn ~ill concern propos2d new:
service Prog.l"ar;; __
Facility--
Estimated date of public disclosure:
Mcnth Year
HEl'.RING (5)
Testimony/deliberation will concern:
staff privileges __
Report of medical audit committee
Report of quality assurance committee
(b) In case of lIIultiple items of business under the same category,
lines :mai~ be added and the location of information .mar be reformatted to
eliminate unnecessary duplication and space, as long as the relationship
of information concerning the same item is reasonably clear to the
reader. Nothinq in this section precludes~ as an alternative to the
inClusion of lengthy lists of names or other information in the agenda,
or-as a means of adding items to an earlier co:rr.pleted agenda, the
incQrpo~ation by reference to separately prepared documents contai~ing
the required information, as long as copies of those dOC1Jlllents are
posted adjacent to the agenda ~ithin the time periods required by
Sections 54954.2 and 54956 ;;;,n-:! provided with any mailed or delivered
notices required by Sections 54954.1 or 54956.
SEC. 16. section 54956.9 of the Govern~€nt Code is amended to read:
54956.9. Nothing in this chapter shall be construed to prevent a
legislative body of a local agency, based on advice of its legal
counsel, from holding a closed session to confer withr or receive advice
f~om, its legal counsel regarding pending litigation vhen discussion in
open session concerning those matters ""ould prejudice the position of
the ioeal agency in the litigation.
For purposes of this chapter, all expressions of the lawyer-client
privilege other than those provided in this section are hereby
abrogated. This section is the eXClusive expression of the la~Jer-client
privilege for purposes of cond',Jcting Closed-session meetings pursuant to
this chapter. For purposes of this section, litigation shall be
considered pending ~hen any of the follo~ing circumstances exist:
Ca) An adjudicatory proceeding b~fore a court, ad~inistrative body
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exercising its adjudicatory authority, hea=ing officer, or arbitrator,
to which the local agency is a party. has been initiated formal1y~
(b} (1) A point has peen reached ... ·here~ in the opinion of the
legislative t:-ody of the local agency on the advice of its legal cou.nsel,
based on eXisting facts and circumstances, t~ere is a sjgnifica~t
exposure to litigation agains~ the local agency.
(2) Based on existing facts and circumstances. the leqislative body
of the local agency is meeting only to decide vhether a closed sessicn
is authorized pursuant to paragraph (1) of this sUDjivision~
(c) Sa sed on existing facts and circumstances, the legislative body
of the loc~l agency has decided to initiate or is deciding ~he~her to
initiate litigation.
[A> Litigation shall not be deemed pending within the meaning of
this section if contingent on some future action of th~ legislative
body, including, but not limited to, the entry into a contract or other
agreement, the adoption of a policy or procedure for the operation of
the agencYI or the approval of an ordinance or other rulp.. Legal advice
as to the potential litigation consequences of such actions not yet
eaken, if provided by counsel at a meeting of the legislative body, is
to be conveyed openly as a matter of publi~ record~ <AI
Prior to holding a closed session pursuan~ to this section, the
legislative body of the local agenc~~ shall state publicly to ..... hich
subdivision it is pursuant. rf the session is closed pursuant to
subdivision (a), the body ghall state t~e title of or otherwise
specifically identify the litigatior. to be disclJ.ssed, unless the body
states that to do so would jeopardi2e the agency's ability to effectuate
service of process upon or.e or wore unserved parties, or that to do so
would jeopardize its ability to conclude existing settlement
negotiations to its adyantage~
[D> TAQ 19:9] 1 iH?1oJilligl wi tllg legilililt in .. ~~uJ~r of t:Re local ig&P;Y
sBloll "~8'.Ee aRa 6clSH'it: 'te ~~a t.a~:r a mC61era.:&'d:6; st.a'" LA,! t.Re e~eeifie
J::..e..aS,.Ops )-.,&1 J ega 1 31l"hol"ity for t'R,g 010£0 J lieiiliioR If '6l=!e eleseEi
s&ssi-iJa is ~\I:~s·""F!t tg s101aaivisi&R (30). tl:JfiiI m&m_iFloNh.lQ Iih.U. ;i.J:I';lt.1~Q t.Be
t.itle of tAa--l-i-t-igiiltiQJ:l If taQ ~cJ,oied: Iiga;£iORo iil p'olrSloliiRt "t ..
Iillb1juU-,i.oa (ob) gr (9) j tAe ~eJgeraF!a"H" 9Aal~ iFlehuie 'tfl€ exi!!'tifl9 faces
and ej T 711mstult;8ii CoR "l=ai.a it iii SU"QQ -~-legal B91olAS91 s);,all 5'Y1:n,i't
ttlg Jtgm;rrilMWa to ~GY-~o---tA-c alss9a sassieR if feaeiele, afui
,i,R 'IPjr ~ai'e :RQ lat9r tJ~iln---gIla 1 fgS)( after 'bAS o--106-ed---see~{q, '%'ke
memorandum 5haU __ b.&-___ .Q.v~t. frsJG-di£G'lest:f'i;-----pur-sl:iafl:to toe Seet:ien 6254. L <OJ
for purposes of th.is section, "litigation" includes any adj\ldicator}~
proceeding~ including eminent c.omain, before a court~ admir.istrative
body exercising its adjudicatory authority, hearing offi~er~ or
arbitrator~
SEC. 17. section 54951 of the. Government Code is amended to read:
54957~ Nothing contained in this chapter $hall be construed to
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prevent the legislative body of a local agency from holding closed
sessioOis with the Attorney General l dis:tri~t attorr.ey, sher lff ~ ot'" chief
of police, or their respective deputies, on matters posir.~ a threat to
the security of public buildings cr a threat to the public's right. of
access to public services or public facilities, or from holding closed
sessions during a regular or special rr.eet ing to cor,sider the
appointment, employment, evaluation of performal1ce, or dis!T',issal of a
p':.lblic employee or to hear complaints or charges brc\.l'1ht against
(0) ~ <0] (A> the <A] employee by another ?erson or emplo},e'!:!: unless
such emplo:lee requests a pUl:lic hearing. The legislative body also !t.ay
exclude from any (D>~ <DJ public or closed meeting, during t~e
e:::::amination of a witness, a:J::I or all ott-~E'.r !tiit!"'.esses in the I!'atter being
investigated Ly the legislative body.
For the purposes of t~is 5ectian, the term "employee ft shall not
include any [0> -f:el"sQjR ..,lQQti/:iI .. " Qffi;:-, aX' a!lJ1~A1;eel ta iU'! ef{iee by
~Ae l..,tj~at-i:ve-.bQd-y--O-f __ -l.oc;..a.l-~n~f--p.s;g.v l.dQd r -AOW8"8lO'. th ert
J=l,Q;J;l ... l, ..... ti1TQ !F?iiitiQr'i "f Gi-ty--ffiana-ger, seldR'ty aQ~iFlist-£-at.&f~-y
~t.t.gFr9y, S~'IoliAto:{ GQYRsel, o?r il Qopartil:1iiRt tl'iiiiQ .r g;'Ai'r FiRlilil:a
,d",iRi&::"tr~ve gffi"'eiF sf is lQ~a' ag9I'1Gy--Gt~",,11 "Se aep's;ka3Fea ew;plByee
pocitigiFui; and f:;-gHiaad; (""rot-her tRat Flspeleetite "s6itisFl6 sf tJeF1e~al
maFlageF, of)..i.e~~~nee£'-r-l-ecj.:H--o€J.u.ns.el-r-d-i6-tc-:i.G-t---se-G~r-~~~, ''''',.&_Q_, tl'?ISllrOr, ..... -... -.... cc1 'ector ~f -nj' gOl'erm,ep+-a) distrj"t
Eiilllf.l!31yi~)EJ EeFViees t it.l=Iif] 1 il'f1iteQ }aswJ:la8I'ieli Gl:i ill Q'ii dlilQiJ1Qd emploYPIii
pC'i'"itiens <0] [A> elected official, tr,ember of a legislative body, or
person providing services to the local agency as an independent
contractor or the employee of an independent contractor <A] 4
ro> }J~tJoiFl'j~t:Aili' sAJopter GRall-1;9 99F1Bt:l'l::lee toe ~!"e efrt a:~y }leard,
(;.QlIYAi .. &i.~A, G,aamitt99, Ql" ",tear l<gay 'oI'~aoRi;rea loRQ epiiiFiltieEl ~y iltFly
.private orga.~Uatj.O:R .,G Q,efiT<9d ;ill ie,,1Di9R 9'19§.o! {Fe!! AelaiFl~ e1:e6e8
i'el7l7i~J:l1a to ,"":RsiQQr Ca.; lIa.ttoa["s affe8tA-~Platie"8:1 seet:l:E it:). er f~)
1i~Q .1?~HiliJ1"'iRl9R1ii, 8lAp19!fHi8R1;, QViil1.utioJ:'l of FQrf-. .. -m"lLRSB, !;''F sliswi:sEa:l c::f
,,1=1 .. fWlplQyeiil Qr-4.0---~Gm~---~a.~. brol'ght i9i1:inii't &'l.A
-&lP.ploy-ee-l;>~r ilAO't.!:l:iir F01"1i'9rt OT-emp..l.g.:foe Hn] &ilI"iS 51.lc.h--~plo?:{QQ requests ~
pt..lbli.c PQari~1.l.cl:\ :bodoy alsoWt :..y 8z·e-l-u.Q.6.-t-r--o.m--... ny-ii't4Q1:; 1"'l;"lis eF
,"1 .. &8;1 2R22t~R'i, iOllzlFiA'J ~x.a.~~~i--OH---of--... 'itoRIilSi" , ior:;~ all etil=ieF
~·~tnQssQ~ iR tbo mattQr t~ing ip··g~+igate4 by ~be lQgjsJi~j!rG body <D]
S2C. 18. Section 54957.1 of the Government Code is amended to read:
54957.1. [A> (a) <AJ The legislative bod,' of any local agency shall
publicly report (D> a~ ~~e ~~~liG ~8QtiR~ d'ripg '~ich-t~Q clocod
&i21a&'i.R iii' !:lola ~t' at;;. it;;.s ;A',mt. p>JJalie we _'E:tf!~ aft) aet:ien -t:!llten~ a.d an)
£911 sall ... s~e 'tRef"een. t.a---ilfl~eil!'l'E:L eRl"lsy, er dis!!1is-!l et pu~lic employee
a~i:si.A" S Jot at aJ:lY elases: -5_ssiel"J: af ~he leE]ielat-i 0 e t!eay. <0] [A> any
action taken in clOSF.-d session and the vote or abstention of every
member present thereon, as f0110"0's: <AJ
(A> (I} Direction or approval given to the body's negotiator concerning
real e3tate negotiations pursuant to Section 54956.8 shall be reported
as soon as the agreeme;'Jt is final. If its own approval renders the
agreement final, the body shall report that approval, the substance of
the agreement. and the vote ~hereon in open session imnlediately. ! t
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final approval z"ests .... ith th~ othe::-pClrty to the negotiations, the local
agency sh311 disclose the fact of that approval, the substance of the
a9re~menti and the bodyts vote or votes thereon upor. inquiry by any
person, as soon as the other part::o~ or its agent has informed the local
agency of its approval. <A]
[A> (2) Direction or approval givan to the body's legal cO'.Jn5el to
prosecute, defend, or seek Qr refrain from seeking appellate revieW" or
relief, or to otherwise enter as a party I inte:-veni:lr i or amicus cl.lriae
in any form of litigation as tbe rasult of a consultation ~nder Section
54956.9 shall be reported in open session as soon as given, in a ~anner
that identifies the adverse pazty or parties, any coparties witt. the
loca.l agency, any eXisting claim or order to be defended against, or 2'.ny
fa,ctual CirCll!!lstances or contract'Jal dispute giving rise to the 10.:al
agency's complaint, petition, or other litigation initiative. <A]
[A> (3) Approval given to the bodyrs lege.l counsel of a settlel!!ent of
pending litiyaticn as defined in section 54956.9, at any stage prior to
or d~ring a judicial or quasi-judicial proceeding shall be reported as
soon as the settlement is final. If its own approval renders the
settlement final, the body shall report that approval, the su1:.stance of
the agreement, and the vote thereon in open session immediately. If
final approval rests with some other party to the litigation, the local
aqe~cy shall disclose the fact of that approval, the substance of the
agreement, and the body's vote or votes thereon upon inquiry by any
p~rson~ as soen as the other party or its agent has informed the
legislative body of its approval. <A]
(A> (4) Disposition reached as to claims discussed in closed .session
pursuant to Section 54956.95 shall be reported as soon as reached in a
manner that discloses the name of the claimant, the name of the local
agency claimed against, the substance of the claim~ and any monetary
amount approved for payment. <A]
[A> (5) Action taken to appoint, employ, disf:liss, transfer, accept the
reSignation of, or otherwise affect the ernplo}~ent contr~ct of a public
employee in closed ses~ion pursuant to Section 54957 shall be reported
immediately in a I:lanner that names the: e!:lployee and positio:l affected
and specifies any change in compensation, job description, assignment,
or other contract particulars and, in the case of dismissal for cause,
the reason for dismissal. <A]
[A> (6) Approval given to the body'S negotiator of an item proposed for
or accepted under bargaining in closed session pursuant to Section
54957.6 shall be reported immediately in a manner that describes the
item approved, identifies the other party or parties to negotiation, and
discloses whether the agreement with respect to that item is final with
the body/s approval or subject to acceptance or ratification by the
other party. <A]
(A> (b) Reports required to be made immediately pursuant to this section
may be made orally or in writing, but shall be supported by copies of
any contracts, settlement agreements, or other affected documents that
~ere finally approved or adopted in the closed session and that embody
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the informaticn required to be disclosed by im;ncd: iat-e repcrt I provided
to anr person ""'ho requested the copies in a written request submitted
'IlIithin 24 hours of the posting of the agenda, or who has made a standing
request for all documentation as part of a request for notice of
meetings purs~ant to Sectior. 54954.1 or 54956. <AJ
(A> (c) A written summary cf the infor-IJation required to be immediately
reported pursuant to this section, or-documents embodying that
information, shall be posted by the close of business on tte next
business day following the meeting, in the place \oIhere the meeting
agendas. of the body are posted. <AJ
SEr:"'. 19~ Section 54957.2 of the Covernmertt Code is amended to read:
54957.2. (a) The legislative body of a local agency may, by
ordinance or-resolution, deSignate a clerk or other officer or employee
of the local agenc}· .,'ho shall then attend each closed session of the
legislative body and keep and ent~r in a minute book a record of topics
discussed and deci~ions made at the meeting. The ~inute book made
pursuant to this section is not a public record subject to inspection
pursuant to the California Public Records Act (Chapter 3.5 ,commencing
with Section 6250) of Division 7 of Title 1) r and shall he kept
confidential. The minute book shall be available only to members of the
legislative hody or, if ~ violation of this chapter is alleged to have
occurred at a closed session r to a court of general jurisdiction wherein
the local agency lies~ [D> --&treft-<;D) [A> The <AJ mi!1ute bock may, but
need pot, consist of a reccrding of the closed session.
{b) ~i elected legislative body of a local agency may require that
each legislative body all or a majority of whose members are appointed
by or under the authority of the elected legislative body keep a minute
book as prescribed under subdivision (a).
(1\> (c) An::,' legis13tive body of a local agency shall cause all
discussion in every closed session to ~e audiotaped r and the tape of
each session to be preserved for one year from its recording, if a tape
record~r and blank tapes SUfficient to record 356 hours have been
donated to the body for that purpese by any person or perso'ls. The tape
recorder shall beGone the property of the local agency but may be used
otherwise only to record open and public sessions of the legislative
body, the tapes of ~hich sessions shall be public records and accessible
pursuant to Section 54953.5. The donated tapes shall be reserved for
recording closed sessions~ The tdpe recorder shall be maintained in good
~orkinq condition and tested to ensure that status prior to every closed
session~ COlI'.mencing ""'"i th the earliest recording and progressing in
chronological order, the tapes ll1ay be recycled for use after the last
blank tape has been filled. The tape recording shall be U-,e
responsibility of any person designated to keep minutes of the closed
session pursuant to subdivision {a) or, in case no person has been
designated, of the presiding officer of the legislative body. Each tape
so recorded sha.ll be immediately labeled ",..'i th the name of the
legislative body, the date, and t.he elapsed time of the recording I and
delivered to the district attorney or his or her designee for custody.
The recordings so created shall not. be open to public i;-.spection
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pursuant to the California Public Records Act (Chap~er 1.5 (co~~encing
vith Section 6250) of Division of Title 1) but ~hal1 be su~ject tc
inspection by the district attorr.ey or ~he grand jury in order to
determine ~hether a civil or crirnin~l action under this chapter is
",,-arranted I and by' the superior court in camera in any proceeding under
this chapter. If the court determines that a violaticn has occurred, the
portion of' the tape providil1g evidence of the violation shall become .a
public e~~ibit in the proceeding. <A]
SEC. 20. Sect-ion 54957.5 of the Government Code is amended to read:
54957.5. (a) Not~ithstar.ding section 6255 or any other provisions
of law, agendas of pu~lic meetings and (A> any <Aj other Yritings l yhen
~istributed to all, or a majority of all, of the ~embers of a
legislative bociy of a local agency by (D> i ~W.bQEt ~'tiv9r, 9:ploy99;
'9r a'i~'1~t of sllc\:l body for <OJ [A> any person in connection \i{ith a matter
subject to <AJ discussion or consideration at a public meeting of
[D>~<D] (A> the <A) body, are public records ~nder the California
public Records Act (Chapter 3.5 (commencing ..... ith Sectiol"'. 6250) of
bivision 7 of Title 1) as soon as distribu~ed, and shall be made
available pursuant to Sections 6253 and 6256. However, this section
shall not inclUde any writing (A> distributed in connection with a
oatter subject to discussion or consideration in a closed session if the
writing is <A) exempt from public disclosure under Section 6253.5, 6254,
or 6254.7.
(b) Writings which are public records under su~ivision (a} and
which are [D> eis~liB~'aa <DJ [A> intended for distribution <A] prior to
commencement of a pu.blic meeting shall be -.r.ade available for public
inspection iA> and cvpying <A] upon request prior to commencement of
[0.) EweR <D] (A> the <A] meeting [A> whether or not actually distributed
to or receiveci by the legislative body at the time of thf:! request <A) .
(c) Writings which are public records under subdivision (a) and
which are distributed during a public meeting and prior to commencement
of their discussion at [!,'.> ~<DJ [A> the <A) ne.eting shall be made
available for public inspection prio~ to commencement of, and during,
their discussion at such ~eeting.
Cd) writings which a.re public records under subdivision ta) and
which are distributed during their discussion at a public meeting shall
be made available for public inspection immediately or as soon
thereafter as is practicable.
(e) Nothing in this section shall be co~strued to prevent the
legislative body of a local agency from charging a [A> duplicQtion <A]
fee [D> gr gapo~it <DJ (A> of up to five cents ($.05) per page <A] for a
copy of a public record [D> pliltJ;&1oI3Rt tie See't;iePl 625. <DJ . The .... .l·itiiLgs
described in subdivisions (bJ, {c), and Cd) are subject to the
requiraments of the California public Records Act (Chapter 3.5
(commencing with Section 6250). Division 7, Title 11, and subdivisions
(b), (cJ, and (d) shall not be construed to exempt from public
inspection any record covered by that act. or to lilflit [A> or delay <A]
the public's right to inspect any record required tc be disclosed by
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P.!ge 20
that act [A.> , .... hether or not. distribu.ted to .a legislatIve body of a
local agerl.l:.y ..:.A] . [0> Thir "qctiQR ,,:Rill!}, RQt ~a .... 9·p.t:. .... ed toQ Ibe
IppljQiopla tog i:~y !.·£i.to.i.a::1~. €oQlely 5Ia€ii~Se ;;RIi)~r are pCGlpe*l:J' Eiise-w,sliefi i ...
" c:lQiia~ i'etiiioVl of it l'f'9~sJat]"i' body 'J;f the Jocal 19~ <DJ Nothing
in this cr.apte.r shall be construe5 to rec:::uire. a legislative body [D>-&F-<O]
LA> of <A) a local agency to place aMy paid ~dvertisel!'::ent cr any other
paid notice in any publication.
(f) IIWritinq" for purposes '~f this section !<leans " ..... riting" as
defined under Section 6252.
SEC. 21. section 54957.6 of the ~overnment Code is amended to read:
54957.6. (a) Not .... ithstanding any other provision of law, a
legislative body of a local agency may hold closed sessions with the
local agency's de~ignated representatives regarding the salaries, salary
schedules, or compensation paid in the for:rr. of fringe benefits of its
represented and unrepresented employees. Closed sessions Qf a
legislative body of a local agency, as permitted in -chis section~ shall
be for the purpose of reviewing its position and instructing the IOCdl
agency's designated representatives [0> £lesed s8ssi~R&i •• ~QFmittga
iR t~iii SQ~ti~ <DJ [A> and <A] may take place (A> solely <A] prior to
and durirlg [A> active <A] consultations and discussions [D>-v-i1!ft-<DJ
[A> between the local agency's designated repre5enta~ives and the <A]
r.epresentatives of emplo:tee organizations [D>~DJ r>.> or the ..... ;\oj
unrepresented employees. [A> Nothing in this section shall permit a
legislative bod~i of a local agency to discuss or negotiate compensation
or .other contractual matters in closed. session ""'i th one or more
employees dire.ctly or indir-ectly interested in the outcome of
negotiations. <A]
For the purposes enumerated in this section, a legislative body of a
local agency may also meet with a state conciliator .. ho has intervened
in the proceedings.
(b) In addition to the closed sessions a~thori~ed by subdivision
(a), the legislative body [r::> j as &sfinea By Seet-isRs 5.952, 54~52.2,
S~9S2i3, itF;El s~"'Ii~ e. <DJ of a pu.bliC ager.cy, as defined by subdivisior~
(c) of Section 3501, may hold closed sessions with its designated
representatives on mandatory subjects within the scope of representation
of its represented e.mplotees, as determined pursuant to Section 3504.
SEC. 22. SectiQn 54957.7 of the Government Code is amended to read:
54957.7. Prior to (0.> ~-9tt:c.r <D] holding any closed session, the
legislative body of the local agency shall state the general reaRon or
reasons for th~ closed session. and may cite the ~tatuLory authority.
inclu.ding the specific section and subdivision, or other legal authoritr
under which the session is being held. In the closed session, the
legislative body may consider only those matters covered in its
statement. (A> In the case of regUlar and special meetings, the
statement shall be made in the form of the agenda disclosures and
specifications required by Section 54954.4, <AJ In the case of
[0> .pe;ial, <OJ adjournec [D>-r-<Cj and continued meetings, the
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Pag-e 21
statement shall be made (A> with the same disclosures and specifications
r-p.:quired by section 54954.4 <A] as part of the notice pro-,rided for the
(0) ~p9gial, a~j~~~n2d; 9~ 7Q~~ipl'Q~ <DJ meeting. Nothing in this
section shall require or authorize [D> "tile ~i"ifl9 ~f RailAg~ IiIr -1;l:IiQr'
i:Rfg~ltiQR I[R~ -b l"c'Ild .QiRiit,it"olt. i:J:il inl!if"io::o g' ,Ud,l'ilt;:y Qr 9tl:l.erviGii
It:IFlFlt.!ee88a.ily eli'Aitll]G ",tJe ,1!ro!"tcis'dtliu' faet.s e8:Age!"l'Ii:R~ ~#te illisad ~e6eiel"l <DJ
[A> a disclosure of information prohibited by state or fedEral law <A]
SEC. 23. section 54959 of the Gove:-nment Code is amended to read:
:'4959. Each member of a leqislath-e body .ho attE'_nds {A> .or
othen,ljse pa!:ticipates in <AJ a meetin9 {A> • as defined in Section
54952.6 1 <Al of [D>~ <D] [A> tha <A] legislative body wh:ere action
is taken in violdtion of (0) OlR,' p~'inj £ iQF1 Q;i ti:! is r;;lnp<-sr. Hi ttl
kA&I"1sli'Js ~f tAB fa .. ' tJ:liilt t:Roe meeti;::.",-it: iFl 'Tiglat' .. PI tl:lal'Q~fj <OJ
[A> Secti.on 54953, 54954.2 1 54954.4, or 54956 <A) is guilty of a
:misde.meanor~
SEC~ 24. section 54960.1 of the Government Code is amended to read:
54960.1. (a) Any it'.terested person may commence an action by
mandamu$ .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, 5<954.2, or 54956 is nQ1I and void
under this section. Nothing in this chapter shall be construed to
prevent a leqislative body from curing or correcting an action
challenged pursuant to this section.
(b) Prior to any action being commenced pur~uant t~ SUbdivision {a),
the interested person shall make a demand of th:e legislative body to
cure .or correct the acticn alleged to have been taken in violation of
Section 54953 1 54954.2, or 54956. Th~ demand shall be i~ writing and
clearly describe the challenqed action of tt.e legislative body and
nature of the alleged violation. The written dema~d shall be made within
30 days from the date the action was taken. within 30 days of receipt of
the demand, the lsgislative body shall cu~e or co:-rect the chall~nged
action and inform the de:manding party in ,,"'riting of its actions to cure
or correct or inform the deman,jing party in writing of its decision not
to cure or correct the challenged action. If the legislative body takes
no action ~ithin the 30-day period~ the inaction shall be deemed a
decision not to cure or correct the challenqed action, and the 1S-day
period to commence the action described in subdivision (a} shall
commenC2 to run the day after the 3D-day perioj to cure or correct
expires. Within 15 days of receipt of the written notice of the
legislative body's decision to cure or correct, the expiration of the
30-day period to cure or correct~ or not to cure or correct, within 15
days of or within 75 days frOTh the date the challenged action ~as taken,
whichever is earlier, the demanding party shall be required to commence
the action pursuant to 5ubdivislon (a) or thereafter be barred fram
co~~encing the action. (A> Any action taken in violation of Section
54953, 54954.2, or 54956 ~ith sufficient secrecy to prevent its reaching
public attention within 30 days is subject to immediate challenge under
this section upon discovery without demand for cure or correctio~_ Such
an action is null, void l and unsnforceable ab initio irrespective of the
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!'age 22 .,,,-
exceptions in para~raph (2), (3), or (4) of subdivision (c}', and its
subject matter may not be addressed by 5ubs~quent action of the members
of the legislative body ... he. participated in the action. <}.J
(e) An acticn ta}ten shall not be determined to be null e.nd void if
any af the following conditions exist:
(1) The act!on tal<eil .. as iM SUbstantial compliance with Secticns
54953, 5495~.2, and 54956.
(2) The acticn taken was in connection ~ith the sale or issuance of
T,otes, bonds, or other e .... idences of indebtedness or any contract,
instrumen~, or agreement thereto.
(3) The action taken gave rise to a contractual obligation,
including a contract l~t by competitive bid, [A> otber than compensation
for services in the form of salary or fees for professional servic~s, <AJ
upon which a party has, in good faith (A> and without notice of a
challenge to the validity of the action <A] , detrimentally relied.
(4) The action taken ""as in connt::ction 'With the collection of any
tax,
(d) 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
gf Secti~n 54953, 54954.2~ or 54956 has been cured or corrected by a
subsequent action of the legislative body. the action filed pursuant to
subdivision (a) shall be dismissed ~ith prejudice.
(e) 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.
SEC. 254 section 54960.5 of the Government Code is ame~ded to read:
54960.5. A court [D>~ <DJ [A.> shall <A] award court costs ar.d
reasonable attorney fees t.o the plaintiff ir an action broug~lt pursuant
to Section 54960 or 54960.1 -.'here it is found that a legislative body of
the local agency has violated this chapter4 The costs and fees shall be
paid by the local agency and shall not become a personal liability of
any public officer or employee of the local agency.
A court [0> ~ <D] LA> shall <AJ award court costs and reasonable
attorney fees to a defendant in any action brought pursuant to section
54950 or 54960.1 where the defei1.dant has prevailed in a final
determination of (0) ~ <DJ LA> the <:A] action and. the cO'...lrt finds
that the action ~as clearly frivolous and totally lacking in merit.
SEC. 26. Section 54961 of the Government Code is amended to read:
549614 No [A> legislative body of a <A] loc~l agency shall conduct
any meeting; conference, or other function in any facility that
prohibits the admittance of any person, or persons, on the basis of
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Page 23
4ace, ~eligious creed, color, national origin, ancestry, or sex [A> , or
which is inaccessible to ".rheelchairs, or ,,",'here members of the public may
not be present without roakin9 a payment or purchase <AJ . This section
shall apply to every local agency as defined in Section 54951, 54951.1,
or 54951. 7.
SEC. 27. section 54963 is added to t.he Government Code, to read:
5491)3. No legislative body of a local agency may adopt or enforce
any rule to penalize or discour~qe thp. free speech of its members,
including utterances in opel"'. and p'Jblic session and disclosures of
matters discussed in closed session ' .... hich, in the judgmen't-of the
member, were Ol-'iIlill be improperly discussed therein and require pub1 ic
attention.
The rellledy of a leqislative body to protect the integrity of its
attorney-client confidentiality or r,egotiations processes fro1l'1 ..... rongful
breach by a member is limited to the securing of injunctive relief,
which may be granted if the court concludes that the public harm in the
disclosure out ..... elghs the p'.Jblic benefit.
The remedy of a person aggrieved by any disclosure is limited to an
action for daruages against the member making the disclosure under the
common law of invasion of privacy, as qualified by any co~~cn law,
statutory or constitutional privileges, or defenses available in actions
at the time tbe action is brought. Members of t~he legislative body who
do not participate in or f~rth~r these disclosures, and the local agency
itself, are immune from liabilit¥.
A majority of the governing legislative b')dy of a local agency has
plenary and sovereign discretion to make any disclosure that it deems,
by pUblic resolution, to be in the public interest. No action shall be
brought under the la'W of this stata for any disclosl.lre made in the
exercisa ct that discretion.
SEC. 28. No reimbursement is reqc.ired by this act pursuant to
Section 6 of Article XIIIB of the Califcrnia Constitution because the
only costs ~hich may be incurred by a local agency or school district
'Will be incurred because this act crea~es a new cri~e or infraction,
changes the definition of a crime or infraction l changes the penalty for
a crime or infraction~ or eliminates ~ crime or infraction.
Notwithstanding Section 17580 of the Government Code I unless otherwise
specitied in this act, the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
Constitution.
END OF REPORT