BILL NUMBER: ACA 8 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
JANUARY 12,2009
A resolution to propose to the people of the State of California
an amendment to the Constitution of the State, by amending Section 3
of Article I thereof, and by amending Section 7 of, and adding
Section 7.3 to, Article IV thereof, relating to meetings of the
Legislature.
LEGISLATIVE COUNSEL'S DIGEST
ACA 8, as introduced, Jeffries. Meetings of the Legislature.
Existing provisions of the California Constitution require
meetings of each house and committee of the Legislature to be open to
the public, except that closed meetings may be held to consider
specified matters, including employment and personnel, security,
advice from counsel, and caucus meetings.
This measure would further require a house or committee of the
Legislature, at least 72 hours before a regularly scheduled meeting,
to post an agenda containing a brief general description of each item
to be considered, including items to be considered in closed
session. The measure would generally prohibit consideration of any
matter not included in the agenda. The measure would require public
disclosure of a writing provided to members of a house or a committee
in connection with the consideration of agenda items unless the
writing is exempt from the mandatory disclosure requirements imposed
by statute. The measure would require each agenda for a regular
committee meeting to provide an opportunity for members of the public
to directly address the committee on an item of interest to the
public, before or during the committee's consideration of the item,
that is within the subject matter jurisdiction of the committee. The
measure would provide for the calling of a special or emergency
meeting of the house or a committee upon specified notice to its
members and the media.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
Resolved by the Assembly, the Senate concurring, That the
Legislature of the State of California at its 2009-10 Regular Session
commencing on the first day of December 2008, two-thirds of the
membership of each house concurring, hereby proposes to the people of
the State of California that the Constitution of the State be
amended as follows:
First-- That Section 3 of Article I thereof is amended to read:
SEC. 3. (a) The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
(b) (1) The people have the right of access to information
concerning the conduct of the people's business, and, therefore, the
meetings of public bodies and the writings of public officials and
agencies shall be open to public scrutiny.
(2) A statute, court rule, or other authority, including those in
effect on the effective date of this subdivision, shall be broadly
construed if it furthers the people's right of access, and narrowly
construed if it limits the right of access. A statute, court rule, or
other authority adopted after the effective date of this subdivision
that limits the right of access shall be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
(3) Nothing in this subdivision supersedes or modifies the right
of privacy guaranteed by Section 1 or affects the construction of any
statute, court rule, or other authority to the extent that it
protects that right to privacy, including any statutory procedures
governing discovery or disclosure of information concerning the
official performance or professional qualifications of a peace
officer.
(4) Nothing in this subdivision supersedes or modifies any
provision of this Constitution, including the guarantees that a
person may not be deprived of life, liberty, or property without due
process of law, or denied equal protection of the laws, as provided
in Section 7.
(5) This subdivision does not repeal or nullify, expressly or by
implication, any constitutional or statutory exception to the right
of access to public records or meetings of public bodies that is in
effect on the effective date of this subdivision, including, but not
limited to, any statute protecting the confidentiality of law
enforcement and prosecution records.
(6) Nothing in this subdivision repeals, nullifies, supersedes, or
modifies protections for the confidentiality of proceedings and
records of the Legislature, the Members of the Legislature, and its
employees, committees, and caucuses provided by Section 7
Sections 7 and 7.3 of Article IV, state law, or
legislative rules adopted in furtherance of those provisions; nor
does it affect the scope of permitted discovery in judicial or
administrative proceedings regarding deliberations of the
Legislature, the Members of the Legislature, and its employees,
committees, and caucuses.
Second-- That Section 7 of Article IV thereof is amended to read:
SEC. 7. (a) Each house shall choose its officers and adopt
rules for its proceedings. A majority of the membership constitutes a
quorum, but a smaller number may recess from day to day and compel
the attendance of absent members Members
.
(b) Each house shall keep and publish a journal of its
proceedings. The rollcall vote of the members
Members on a question shall be taken and entered in the
journal at the request of 3 members three
Members present.
(c) (1) The proceedings of each house and the committees thereof
shall be open and public. However, closed sessions may be held solely
for any of the following purposes:
(A) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Legislature.
(B) To consider matters affecting the safety and security of
Members of the Legislature or its employees or the safety and
security of any buildings and grounds used by the Legislature.
(C) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated, or whether to initiate,
litigation when discussion in open session would not protect the
interests of the house or committee regarding the litigation.
(2) A caucus of the Members of the Senate, the Members of the
Assembly, or the Members of both houses, which is composed of the
members of the same political party, may meet in closed session.
(3) The Legislature shall implement this subdivision by concurrent
resolution adopted by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, or by statute,
and shall prescribe that, when a closed session is held pursuant to
paragraph (1), reasonable notice of the closed session and the
purpose of the closed session shall be provided to the public. If
there is a conflict between a concurrent resolution and statute, the
last adopted or enacted shall prevail.
(d)
(c) Neither house without the consent of the
other may recess for more than 10 days or to any other place.
Third-- That Section 7.3 is added to Article IV thereof, to read:
SEC. 7.3. (a) (1) The proceedings of each house and the
committees thereof shall be open and public. However, closed sessions
may be held solely for any of the following purposes:
(A) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Legislature.
(B) To consider matters affecting the safety and security of
Members of the Legislature or its employees or the safety and
security of any buildings and grounds used by the Legislature.
(C) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated, or whether to initiate,
litigation when discussion in open session would not protect the
interests of the house or committee regarding the litigation.
(2) A caucus of the Members of the Senate, the Members of the
Assembly, or the Members of both houses, which is composed of the
members of the same political party, may meet in closed session.
(b) (1) At least 72 hours before a regularly scheduled meeting of
either house of the Legislature, or of a committee of either house,
the house or committee, as applicable, shall post an agenda
containing a brief general description of each item to be considered,
including items to be considered in closed session. A brief general
description of an item to be considered generally need not exceed 20
words, exclusive of the title of a bill.
(2) The agenda shall specify the time and location of the
regularly scheduled meeting and shall be posted in a location that is
freely accessible to the public and, if so requested, made available
in appropriate alternative formats accessible to persons with a
disability.
(c) A special meeting of a house or of a committee may be called,
as applicable, by the presiding officer or chair, or by a majority of
the members of the house or committee, by delivering written notice
to each member of the house or committee and to each newspaper of
general circulation and television or radio station requesting
notification. The notice must be delivered at least 24 hours prior to
the scheduled special meeting and must specify the time, place, and
items to be considered at the special meeting. A member may waive his
or her right to receive written notice of a special meeting by
filing a written waiver with, as applicable, the clerk of the house
or the secretary of the committee. The written notice may also be
dispensed with for any member actually present when the special
meeting is convened.
(d) (1) An emergency meeting of a house or of a committee may be
called only by the presiding officer or chair, or by a majority of
the members of the house or committee, but only if an emergency has
been declared by the Governor and the declaration is confirmed in a
resolution adopted by the Legislature, by rollcall vote entered in
the journal, two thirds of the membership concurring. An emergency
meeting shall not be called sooner than one hour after providing
telephone notice to each member of the house or committee and to each
newspaper of general circulation and television or radio station
requesting notification.
(2) For purposes of this subdivision, "emergency" means any of the
following:
(A) A work stoppage, crippling activity, or activity that severely
impairs public health or safety.
(B) A crippling disaster, mass destruction, terrorist act, or
threatened terrorist activity that poses an immediate and significant
peril to the public health or safety.
(C) The existence of conditions of disaster or extreme peril to
the safety of persons and property within the State, or parts
thereof, caused by conditions such as attack or probable or imminent
attack by an enemy of the United States, fire, flood, drought, storm,
civil disorder, earthquake, or volcanic eruption.
(3) An emergency meeting shall address only matters relating to
the emergency.
(e) No action or discussion shall be taken on any item not
appearing on an agenda or notice posted pursuant to subdivision (b),
(c), or (d), except under one or more of the following conditions:
(1) The action or discussion consists of brief responses to
statements or questions posed by persons exercising their right to
public testimony under subdivision (g), questions for clarification,
brief announcements or reports of a member's personal activities, or
directions to staff to investigate an issue or to place that issue on
a future agenda.
(2) The item is continued from the agenda of a meeting that was
held less than six days previously.
(3) The house or committee finds, two-thirds of the membership
concurring, that there is a need to take immediate action and that
the need for immediate action became known to the body after the
agenda notice was posted.
(f) A writing distributed to all members of a house or committee
in connection with the consideration of an agenda item shall be made
available to the public unless that writing is statutorily exempt
from the mandatory disclosure requirements imposed by statute.
(g) An agenda for a regularly scheduled meeting of a committee
shall provide an opportunity for members of the public to directly
address the committee on any item of interest to the public, before
or during the committee's consideration of the item, that is within
the subject matter jurisdiction of the committee. However, the agenda
need not provide an opportunity for members of the public to address
the committee on any item that has already been considered, unless
the item has been substantially changed since the committee heard the
item, as determined by the committee.
(h) The Legislature shall implement this section by concurrent
resolution adopted by rollcall vote entered in the journal,
two-thirds of the membership of each house concurring, or by statute,
and shall prescribe that, when a closed session is held pursuant to
paragraph (1) of subdivision (a), reasonable notice of the closed
session and the purpose of the closed session shall be provided to
the public. If there is a conflict between a concurrent resolution
and statute, the last adopted or enacted shall prevail.