BILL ANALYSIS
SB 519
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Date of Hearing: June 27, 2007
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Alberto Torrico, Chairman
SB 519 (Senate Governmental Organization Committee) - As
Introduced: February 22, 2007
SENATE VOTE : 39-0
SUBJECT : Public meetings: special meetings
SUMMARY : Amends the Bagley-Keene Act (Act) to authorize a
state body to hold a special meeting for purposes of appointing
an "interim executive officer."
EXISTING LAW :
1)The Act, as defined, 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.
2)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.
3)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.
FISCAL EFFECT : Unknown.
COMMENTS :
According to the Senate Governmental Organization Committee,
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.
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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 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 none
of these requirements is 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.
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
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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.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531