BILL NUMBER: SB 964 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 29, 2007
PASSED THE ASSEMBLY AUGUST 30, 2007
AMENDED IN SENATE MAY 10, 2007
AMENDED IN SENATE MAY 2, 2007
AMENDED IN SENATE APRIL 9, 2007
AMENDED IN SENATE MARCH 29, 2007
INTRODUCED BY Senator Romero
FEBRUARY 23, 2007
An act to amend Section 54952.2 of, and to add Section 6252.7 to,
the Government Code, relating to local agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 964, Romero. Local agencies.
The Ralph M. Brown Act requires that all meetings of a legislative
body of a local agency be open and public and all persons be
permitted to attend unless a closed session is authorized. The act
prohibits any use of direct communication, personal intermediaries,
or technological devices that is employed by a majority of the
members of the legislative body to develop a collective concurrence
as to action to be taken on an item, with an exception for an
authorized teleconference. An appellate court in Wolfe v. City of
Fremont (2006) 144 Cal.App.4th 533 held that a violation of this
prohibition occurs only if a series of meetings by members of a body
results in a collective concurrence.
This bill would instead prohibit a majority of members of a
legislative body of a local agency from using a series of
communications of any kind, directly or through intermediaries, to
discuss, deliberate, or take action on any item of business that is
within the subject matter jurisdiction of the legislative body. It
also would state the Legislature's declaration that it disapproves
the holding of the court in the case named above to the extent it
construes the prohibition on serial meetings and would state its
intention that the changes made by this bill supersede that holding.
The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless they
are exempt from disclosure. The Ralph M. Brown Act provides that,
notwithstanding any other provision of law, agendas of public
meetings and any other writings, when distributed to all, or a
majority of all, of the members of a legislative body of a local
agency by any person in connection with a matter subject to
discussion or consideration at a public meeting of the body, are
disclosable public records under the California Public Records Act
unless exempt from disclosure under that act. The Ralph M. Brown Act
requires that these writings be made available for public inspection
at the meeting if prepared by the local agency or a member of its
legislative body, or after the meeting if prepared by some other
person.
This bill would provide that, notwithstanding any other provision
of law, when the members of a legislative body of a local agency are
authorized to access a writing of the body or of the agency as
permitted by law in the administration of their duties, the local
agency shall not discriminate between or among any of those members
as to which writing or portion thereof is made available or when it
is made available, and shall not charge any of those members a fee to
inspect or obtain a copy of that writing.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby declares that it disapproves
the court's holding in Wolfe v. City of Fremont (2006) 144
Cal.App.4th 533, 545, fn. 6, to the extent that it construes the
prohibition against serial meetings by a legislative body of a local
agency, as contained in the Ralph M. Brown Act (Chapter 9 (commencing
with Section 54950) of Part 1 of Division 2 of Title 5 of the
Government Code, to require that a series of individual meetings by
members of a body actually result in a collective concurrence to
violate the prohibition rather than also including the process of
developing a collective concurrence as a violation of the
prohibition.
(b) It is the intent of the Legislature that the changes made by
Section 3 of this act supersede the court's holding described in
subdivision (a).
SEC. 2. Section 6252.7 is added to the Government Code, to read:
6252.7. Notwithstanding Section 6252.5 or any other provision of
law, when the members of a legislative body of a local agency are
authorized to access a writing of the body or of the agency as
permitted by law in the administration of their duties, the local
agency, as defined in Section 54951, shall not discriminate between
or among any of those members as to which writing or portion thereof
is made available or when it is made available, and shall not charge
any of those members a fee to inspect or obtain a copy of that
writing.
SEC. 3. Section 54952.2 of the Government Code is amended to
read:
54952.2. (a) As used in this chapter, "meeting" means any
congregation of a majority of the members of a legislative body at
the same time and location, including teleconference locations as
permitted by Section 54953, to hear, discuss, deliberate, or take
action on any item that is within the subject matter jurisdiction of
the legislative body.
(b) A majority of the members of a legislative body shall not use
a series of communications of any kind, directly or through
intermediaries, to discuss, deliberate, or take action on any item of
business that is within the subject matter jurisdiction of the
legislative body.
(c) Nothing in this section shall impose the requirements of this
chapter upon any of the following:
(1) Individual contacts or conversations between a member of a
legislative body and any other person that do not violate subdivision
(b).
(2) The attendance of a majority of the members of a legislative
body at a conference or similar gathering open to the public that
involves a discussion of issues of general interest to the public or
to public agencies of the type represented by the legislative body,
provided that a majority of the members do not discuss among
themselves, other than as part of the scheduled program, business of
a specified nature that is within the subject matter jurisdiction of
the local agency. Nothing in this paragraph is intended to allow
members of the public free admission to a conference or similar
gathering at which the organizers have required other participants or
registrants to pay fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative
body at an open and publicized meeting organized to address a topic
of local community concern by a person or organization other than the
local agency, provided that a majority of the members do not discuss
among themselves, other than as part of the scheduled program,
business of a specific nature that is within the subject matter
jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative
body at an open and noticed meeting of another body of the local
agency, or at an open and noticed meeting of a legislative body of
another local agency, provided that a majority of the members do not
discuss among themselves, other than as part of the scheduled
meeting, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative
body at a purely social or ceremonial occasion, provided that a
majority of the members do not discuss among themselves business of a
specific nature that is within the subject matter jurisdiction of
the legislative body of the local agency.
(6) The attendance of a majority of the members of a legislative
body at an open and noticed meeting of a standing committee of that
body, provided that the members of the legislative body who are not
members of the standing committee attend only as observers.