BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 519|
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CONSENT
Bill No: SB 519
Author: Senate Committee on Governmental Organization
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 8-0, 5/8/07
AYES: Florez, Denham, Maldonado, Negrete McLeod, Vincent,
Wiggins, Wyland, Yee
NO VOTE RECORDED: Battin
SUBJECT : Public meetings: special meetings
SOURCE : Author
DIGEST : This bill amends the Bagley-Keene Act to
authorize a state body to hold a special meeting for
purposes of appointing an "interim executive officer."
ANALYSIS : The Bagley-Keene Open Meeting Act (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
CONTINUED
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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
satisfied.
This bill authorizes a state body to hold a special meeting
for purposes of appointing an interim executive officer.
Background
According to the Senate Governmental Organization Committee
analysis, 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. 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.
Approximately 10 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. 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
action. At the commencement of the special meeting, the
body is required to make a finding that the 10-day notice
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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 a 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.
This bill adds 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. The bill stems from the unexpected death last
year of the executive officer of the Tahoe Conservancy
(Conservancy). The Conservancy was stuck with the 10-day
rule because death of the executive officer is not a listed
purpose.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
TSM:cm 5/9/07 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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