BILL ANALYSIS                                                                                                                                                                                                    



                                        
                       SENATE LOCAL GOVERNMENT COMMITTEE
                      Senator Gloria Negrete McLeod, Chair


          BILL NO:  SB 343                     HEARING:  4/18/07
          AUTHOR:  Negrete McLeod              FISCAL:  No
          VERSION:  4/9/07                     CONSULTANT:   
          Weinberger

                         BROWN ACT AND AGENDA MATERIALS
          
                           Background and Existing Law  

          The Ralph M. Brown Act requires the meetings of local  
          governments' legislative bodies to be "open and public,"  
          thereby ensuring people's access to information so that  
          they may retain control over the public agencies that serve  
          them.

          The Brown Act requires local agencies to post an agenda for  
          a regular meeting of a local legislative body at least 72  
          hours before the meeting in a location that is freely  
          accessible to members of the public.  The act generally  
          prohibits any action or discussion of items not on the  
          posted agenda, with specified exceptions.

          Except for certain exempt documents, any writings  
          distributed to a majority of the legislative body are  
          public records and must be made available upon request  
          without delay.  Any writings prepared by the local agency  
          in connection with a matter subject to discussion or  
          consideration at a public meeting must be made available  
          for public inspection at the meeting.

          Some local agencies' staff-produced background materials  
          relating to agenda items are not distributed until the day  
          on which the local legislative body considers those items.   
          On occasion, staff reports containing complex or unforeseen  
          information are distributed just moments before a  
          legislative body considers a related agenda item, leaving  
          little time for anyone to review such writings.  SB 343's  
          sponsors want the Legislature to require that writings  
          included in a regular meeting agenda packet be available to  
          the public at least 72 hours before the meeting.


                                   Proposed Law  





           
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          Senate Bill 343 prohibits, on and after July 1, 2008, local  
          legislative bodies from discussing or acting upon any  
          agenda item in an open and public regular meeting unless  
          the writings related to that item in the agenda packet are  
          made available to the public no later than the date the  
          agency posts the agenda that includes that item.



                                     Comments  

          1.   From translucent to transparent  .  The last-minute  
          release of agenda packet materials leaves citizens feeling  
          blindsided by their governments, impedes informed debate,  
          and produces unnecessary costs and delays when new  
          information prompts the continuation of agenda items to  
          future meetings.  The deliberations and decisions of local  
          legislative bodies are not truly transparent if the public  
          lacks sufficient access to the writings that shape those  
          deliberations and actions.  By guaranteeing a minimum  
          period of time to read, consider, and react to the contents  
          of local agencies' regular meeting agenda packets, SB 343  
          promotes greater public transparency, thereby furthering  
          the fundamental purpose of the Brown Act.

          2.   Too much pain, too little gain  .  In response to  
          anecdotal complaints about last-minute releases of agenda  
          packets, SB 343 imposes an overly severe new deadline on  
          local governments.  Most local agencies try to make agendas  
          and related materials available to the public as soon as  
          possible.  However, the preparation of agendas and agenda  
          packets is a complex process, particularly in jurisdictions  
          in which multiple local legislative bodies hold frequent  
          meetings.  Sometimes it's impossible for staff to compile a  
          complete agenda packet 72 hours before a meeting.  Local  
          governments worry that an unconditional 72-hour deadline on  
          agenda packets will result in widespread delays if  
          background materials aren't ready in time.  More generally,  
          local governments are concerned that such a deadline would  
          disrupt their operations by placing unnecessary strain on  
          the already complex task of managing the flow of paper and  
          information.

          3.   Not transparent enough  ?  SB 343 may take an  
          insufficient step towards greater local government  





           
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          transparency.  For example, a local legislative body's  
          actions are not influenced exclusively by information  
          contained in an agenda packet, or even by information  
          produced by a local agency.  SB 343 may not increase public  
          access to some written materials that are submitted to  
          local decision-makers by private third parties.  The  
          Committee may wish to consider whether SB 343 should be  
          amended to ensure that the public has sufficient access to  
          the full range of written materials that are made available  
          to members of local legislative bodies to inform their  
          consideration of agenda items.

          4.   Do no harm  .  While there may be agreement on the  
          principle of making written agenda materials available soon  
          enough to allow for informed consideration of issues, the  
          challenge lies in implementing this principle without  
          creating impediments for local governments.  For example,  
          many local agencies currently post their regular meeting  
          agendas far in advance of the 72-hour Brown Act deadline.   
          Requiring that agenda packet materials be made available at  
          the same time that the agenda is posted could have the  
          unintended consequence of preventing those agencies from  
          posting their agendas as far in advance.  Similarly,  
          agencies faced with meeting an agenda packet deadline could  
          respond by restricting the amount of information, or types  
          of background materials, that they would otherwise include  
          in a packet.  The Committee may wish to consider whether SB  
          343 should be amended to help guide local compliance with  
          an agenda packet deadline.

          5.   A packet by any other name  .  SB 343 applies to writings  
          included in an "agenda packet," a term used in the Brown  
          Act without definition.  Although there is a general  
          understanding of what constitutes an "agenda packet," the  
          absence of a statutory definition may confound local  
          agencies' efforts to comply with SB 343 and could allow  
          local agencies to dodge SB 343's requirements by  
          distributing documents under a different name.  The  
          Committee may wish to consider whether the term "agenda  
          packet" should be defined to ensure that SB 343 applies to  
          any document that an agency's staff compiles and  
          distributes to its decision-makers that is comprised of  
          writings directly pertaining to items to be considered at a  
          meeting of the agency's legislative body.






           
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          6.   Special exception  ?  By applying only to regular  
          meetings of local legislative bodies, SB 343 may have the  
          unintended consequence of inviting local agencies to call  
          more special meetings, as permitted under the Brown Act.   
          Special meetings may be called at least 24 hours before a  
          meeting by the presiding officer, or a majority, of a local  
          legislative body, subject to specified public notice  
          requirements and additional conditions.  If SB 343 becomes  
          law, legislators may wish to remain vigilant to determine  
          whether local governments use special meetings to avoid the  
          requirements that apply regular meetings' written agenda  
          materials.  The Committee may wish to consider whether SB  
          343 should be amended to prevent the misuse of special  
          meetings as a loophole.

          7.   No mandate  .  Because Legislative Counsel says that SB  
          343 does not create a new state-mandated local program, the  
          bill does not go to the Senate Appropriations Committee.


                         Support and Opposition  (4/12/07)

           Support  :  California Association of Realtors, American  
          Federation of State, County, and Municipal Employees,  
          Orange County Association of Realtors.

           Opposition  :  Unknown.