BILL NUMBER: AB 1827 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cohn
JANUARY 20, 2004
An act to amend Section 54954.5 of, and to add Sections 11126.2
and 54956.75 to, the Government Code, relating to open meetings.
LEGISLATIVE COUNSEL'S DIGEST
AB 1827, as introduced, Cohn. Closed sessions: state audits.
Under the Bagley-Keene Open Meeting Act and the Ralph M. Brown Act
the meetings of state bodies and the legislative bodies of local
agencies, including public commissions, boards, councils, and other
public agencies in the state, are required to be open and public,
including their actions and deliberations, unless the act authorizes
a closed session.
Existing law also prohibits the release of any papers,
correspondence, memoranda, or any substantive information pertaining
to any audit not completed and prohibits the State Auditor and any
employee or former employee of the bureau from divulging or making
known to any person not employed by the bureau any particulars of any
record, document, or information not expressly permitted by law.
This bill would permit a state body or the legislative body of a
local agency, including any other public agency subject to these open
meeting laws to hold a closed session to discuss issues relating to
audit work currently being conducted by the Bureau of State Audits or
a confidential draft audit report prepared by the bureau unless the
report has been publicly released or is exempted from that
requirement by some other provision of law.
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 11126.2 is added to the Government Code, to
read:
11126.2. (a) Nothing in this article shall be construed to
prohibit a state body from holding closed sessions to discuss issues
relating to audit work currently being conducted by the Bureau of
State Audits or a confidential draft audit report by the Bureau of
State Audits.
(b) After the public release of an audit report by the Bureau of
State Audits, if a state body meets to discuss the audit report, it
shall do so in an open session unless exempted from that requirement
by some other provision of law.
SEC. 2. Section 54954.5 of the Government Code is amended to read:
54954.5. For purposes of describing closed session items pursuant
to Section 54954.2, the agenda may describe closed sessions as
provided below. No legislative body or elected official shall be in
violation of Section 54954.2 or 54956 if the closed session items
were described in substantial compliance with this section.
Substantial compliance is satisfied by including the information
provided below, irrespective of its format.
(a) With respect to a closed session held pursuant to Section
54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under
negotiation)
Agency negotiator: (Specify names of negotiators attending the
closed session) (If circumstances necessitate the absence of a
specified negotiator, an agent or designee may participate in place
of the absent negotiator so long as the name of the agent or designee
is announced at an open session held prior to the closed session.)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator
will concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (Specify number of potential cases)
(In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to subparagraphs
(B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section
54956.9.)
Initiation of litigation pursuant to subdivision (c) of Section
54956.9: (Specify number of potential cases)
(d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section
54961)
Agency claimed against: (Specify name)
(e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and
title of officer, or name of applicable agency representative and
title)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
(f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: (Specify names of designated
representatives attending the closed session) (If circumstances
necessitate the absence of a specified designated representative, an
agent or designee may participate in place of the absent
representative so long as the name of the agent or designee is
announced at an open session held prior to the closed session.)
Employee organization: (Specify name of organization representing
employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section
54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed
session to consider case review or planning.)
(h) With respect to every item of business to be discussed in
closed session pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (Specify whether testimony/deliberation will
concern staff privileges, report of medical audit committee, or
report of quality assurance committee)
(i) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.86:
CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW
(No additional information is required in connection with a closed
session to discuss a charge or complaint pursuant to Section
54956.86.)
(j) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.75:
AUDIT BY STATE BUREAU OF AUDITS
SEC. 3. Section 54956.75 is added to the Government Code, to read:
54956.75. (a) Nothing contained in this chapter shall be
construed to prevent the legislative body of a local agency from
holding closed sessions to discuss issues relating to audit work
currently being conducted by the Bureau of State Audits or a
confidential draft audit report by the Bureau of State Audits.
(b) After the public release of an audit report by the Bureau of
State Audits, if a legislative body of a local agency meets to
discuss the audit report, it shall do so in an open session unless
exempted from that requirement by some other provision of law.