BILL ANALYSIS
Bill No: SB
519
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Dean Florez, Chair
2007-2008 Regular Session
Staff Analysis
SB 519 Author: Committee on Governmental Organization
As Introduced: February 22, 2007
Hearing Date: May 8, 2007
Consultant: Art Terzakis
SUBJECT
Bagley-Keene Open Meeting Act
DESCRIPTION
SB 519 amends the Bagley-Keene Act to authorize a state
body to hold a special meeting for purposes of appointing
an "interim executive officer."
EXISTING LAW
The Bagley-Keene Open Meeting Act, set forth in Government
Code Sections 11120-11132, covers all state boards and
commissions and generally requires these bodies to publicly
notice their meetings, prepare agendas, accept public
testimony and conduct their meetings in public unless
specifically authorized by the Act to meet in closed
session.
The Act authorizes a state body to call a special meeting
and to consider items not on the agenda, under specified
circumstances. Notice of special meetings and unnoticed
items must be distributed to the press and the public at
least 48 hours before the time of the meeting along with
posting on the Internet.
The Act also authorizes emergency meetings in rare
instances when a crippling disaster or a work stoppage
exists that would severely impair public health and safety.
Such meetings require a one-hour notice and must be held
in open session. The Act also sets forth a variety of
other technical procedural requirements that must be
SB 519 (Committee on Governmental Organization)
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satisfied.
BACKGROUND
When the Legislature enacted the Bagley-Keene Act it
essentially said that when a state body sits down to
develop its consensus, there needs to be a seat at the
table reserved for the public (Government Code Section
11120). By reserving this place for the public, the
Legislature has provided the public with the ability to
monitor and participate in the decision-making process. If
the body were permitted to meet in secret, the public's
role in the decision-making process would be negated.
Therefore, absent a specific reason to keep the public out
of the meeting, the public should be allowed to monitor and
participate in the decision-making process.
Purpose of SB 519: Approximately ten years ago, "special
meetings" were added to the Act to provide relief to
agencies that, due to the occurrence of unforeseen events,
had a need to meet on short notice and were hamstrung by
the Act's 10-day notice requirement (Government Code
Section 11125.4). The special meeting requires that notice
be provided at least 48 hours before the meeting to the
members of the body and all national press wire services,
along with posting on the Internet.
The purposes for which a body can call a special meeting
are limited. Examples include pending litigation,
legislation, licensing matters and certain personnel
actions. At the commencement of the special meeting, the
body is required to make a finding that the 10-day notice
requirement would impose a substantial hardship on the body
or that immediate action is required to protect the public
interest and must provide a factual basis for the finding.
The finding must be adopted by two-thirds vote and must
contain facts that support it. If all of these
requirements are not followed, then the body cannot convene
the special meeting and the meeting must be adjourned.
SB 519 would add a new purpose for which a body can call a
special meeting - namely, for purposes of providing for an
interim executive officer of the state body upon the death,
incapacity, or vacancy in the office of the executive
officer. This measure stems from the unexpected death last
year of the executive officer of the Tahoe Conservancy.
The Conservancy was stuck with the 10-day notice rule
SB 519 (Committee on Governmental Organization)
continuedPage 3
because death of the executive officer is not a listed
purpose.
Staff Comments: As this measure moves through the
legislative process, additional non-controversial,
technical and code maintenance changes may be added to SB
519.
PRIOR LEGISLATION
AB 277 (Mountjoy) Chapter 288, Statutes of 2005. Made
permanent certain provisions authorizing closed sessions
for purposes of discussing security related issues
pertaining to a state body.
AB 192 (Canciamilla) Chapter 243, Statutes of 2001. Made
various changes to the Bagley-Keene Open Meeting Act, which
governs meetings held by state bodies, to make it
consistent with provisions of the Ralph M. Brown Act, which
governs meetings of legislative bodies of local agencies.
SB 95 (Ayala) Chapter 949, Statutes of 1997. Made numerous
changes to the Bagley-Keene Act by expanding the notice,
disclosure and reporting requirements for open and closed
meetings of state bodies.
SB 752 (Kopp) Chapter 32 of 1994; SB 1140 (Calderon)
Chapter 1138 of 1993; and SB 36 (Kopp) Chapter 1137 of
1993. These measures extensively amended the Ralph M.
Brown Act.
SUPPORT/OPPOSE: None on file.
FISCAL COMMITTEE: No
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