BILL NUMBER: AB 1827 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 12, 2004
AMENDED IN SENATE JUNE 16, 2004
AMENDED IN ASSEMBLY MAY 4, 2004
AMENDED IN ASSEMBLY MARCH 15, 2004
INTRODUCED BY Assembly Member Cohn
JANUARY 20, 2004
An act to amend Sections 11125.4 and 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 amended, Cohn. Closed sessions: state audits.
(1) 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. Under the Bagley-Keene Open Meeting Act a special
meeting may be called for any one of specified purposes where
compliance with the 10-day notice provisions would impose a
substantial hardship on the state body or where immediate action is
required to protect the public interest.
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 of State Audits 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 consider its response to a
confidential final draft audit report from the Bureau of State
Audits, unless the report has been publicly released or is exempted
from that requirement by some other provision of law.
The bill would also authorize a state body to hold the closed
session as a special meeting.
(2) This bill would incorporate additional changes in Section
54954.5 of the Government Code, proposed by AB 2782, to become
operative only if this bill and AB 2782 are enacted and become
effective on or before January 1, 2005, and this bill is enacted
last.
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 11125.4 of the Government Code is amended to
read:
11125.4. (a) A special meeting may be called at any time by the
presiding officer of the state body or by a majority of the members
of the state body. A special meeting may only be called for one of
the following purposes where compliance with the 10-day notice
provisions of Section 11125 would impose a substantial hardship on
the state body or where immediate action is required to protect the
public interest:
(1) To consider "pending litigation" as that term is defined in
subdivision (e) of Section 11126.
(2) To consider proposed legislation.
(3) To consider issuance of a legal opinion.
(4) To consider disciplinary action involving a state officer or
employee.
(5) To consider the purchase, sale, exchange, or lease of real
property.
(6) To consider license examinations and applications.
(7) To consider an action on a loan or grant provided pursuant to
Division 31 (commencing with Section 50000) of the Health and Safety
Code.
(8) To consider its response to a confidential final draft audit
report as permitted by Section 11126.2.
(b) When a special meeting is called pursuant to one of the
purposes specified in subdivision (a), the state body shall provide
notice of the special meeting to each member of the state body and to
all parties that have requested notice of its meetings as soon as is
practicable after the decision to call a special meeting has been
made, but shall deliver the notice in a manner that allows it to be
received by the members and by newspapers of general circulation and
radio or television stations at least 48 hours before the time of the
special meeting specified in the notice. Notice shall be made
available to newspapers of general circulation and radio or
television stations by providing that notice to all national press
wire services. Notice shall also be made available on the Internet
within the time periods required by this section. The notice shall
specify the time and place of the special meeting and the business to
be transacted. The written notice shall additionally specify the
address of the Internet Web site where notices required by this
article are made available. No other business shall be considered at
a special meeting by the state body. The written notice may be
dispensed with as to any member who at or prior to the time the
meeting convenes files with the clerk or secretary of the state body
a written waiver of notice. The waiver may be given by telegram,
facsimile transmission, or similar means. The written notice may
also be dispensed with as to any member who is actually present at
the meeting at the time it convenes. Notice shall be required
pursuant to this section regardless of whether any action is taken at
the special meeting.
(c) At the commencement of any special meeting, the state body
must make a finding in open session that the delay necessitated by
providing notice 10 days prior to a meeting as required by Section
11125 would cause a substantial hardship on the body or that
immediate action is required to protect the public interest. The
finding shall set forth the specific facts that constitute the
hardship to the body or the impending harm to the public interest.
The finding shall be adopted by a two-thirds vote of the body, or, if
less than two-thirds of the members are present, a unanimous vote of
those members present. The finding shall be made available on the
Internet. Failure to adopt the finding terminates the meeting.
SEC. 2. 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 that has received a confidential final draft
audit report from the Bureau of State Audits from holding closed
sessions to discuss its response to that report.
(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. 3. 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 BUREAU OF STATE AUDITS
SEC. 3.5. 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 54957.11
54956.96 :
CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name)
Discussion will concern: (Specify closed session description used
by the joint powers agency.) Name of local agency representative on
joint powers agency board: (Specify name)
(Additional information listing names of agencies or titles of
representatives attending the closed session as consultants or other
representatives.)
(k) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.75:
AUDIT BY BUREAU OF STATE AUDITS
SEC. 4. 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 that has
received a confidential final draft audit report from the Bureau of
State Audits from holding closed sessions to discuss its response to
that report.
(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.
SEC. 5. Section 3.5 of this bill incorporates amendments to
Section 54954.5 of the Government Code proposed by both this bill and
AB 2782. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2005, (2) each
bill amends Section 54954.5 of the Government Code, and (3) this bill
is enacted after AB 2782, in which case Section 3 of this bill shall
not become operative.