BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 23|
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THIRD READING
Bill No: AB 23
Author: Smyth (R)
Amended: 6/9/11 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 8-0, 6/8/11
AYES: Wolk, Huff, DeSaulnier, Fuller, Hancock, Hernandez,
Kehoe, La Malfa
NO VOTE RECORDED: Liu
ASSEMBLY FLOOR : 72-0, 5/5/11 - See last page for vote
SUBJECT : Local agency meetings: simultaneous meetings:
compensation disclosure
SOURCE : Author
DIGEST : This bill requires the clerk or a member of the
legislative body of a local agency to make a verbal
statement with regard to the compensation that would be
received by members of that legislative body, if that body
simultaneously or serially convenes another legislative
body with the same membership as the initial legislative
body. This bill applies to compensation and stipends, but
not reimbursements.
ANALYSIS :
Existing law:
CONTINUED
AB 23
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1. Requires, under the Ralph M. Brown Act (Brown Act), 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.
2. Defines, for purposes of the Brown Act, local agency to
mean a county, city, whether general law or chartered,
city and county, town, school district, municipal
corporation, district, political subdivision, or any
board, commission or agency thereof, or other local
public agency.
3. Defines, for purposes of the Brown Act, meeting to mean
any congregation of a majority of the members of a
legislative body at the same time and location,
including teleconference, to hear, discuss, deliberate,
or take action on any item that is within the subject
matter jurisdiction of the legislative body.
This bill requires the clerk or a member of the legislative
body of a local agency to make a verbal statement with
regard to the compensation that would be received by
members of that legislative body, if that body
simultaneously or serially convenes another legislative
body with the same membership as the initial legislative
body. This bill applies to compensation and stipends, but
not reimbursements. This bill does not apply to
compensation established in statute if no additional
compensation has been authorized by the local agency.
Comment
This bill enhances the transparency of local compensation
policies when officials serve on multiple, overlapping
entities. This bill provides a mechanism to prevent the
type of abuse that led to the former members of the Bell
City Council receiving thousands of dollars in
inappropriate payments for meetings that may have been
legally established but for which no business was
conducted. Requiring a public announcement that a sitting
legislative body also will conduct business as a subsequent
body, and that members will receive additional compensation
as a result, gives the public much-needed notice when
meetings trigger compensation.
AB 23
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Related Legislation
AB 148 (Smyth) requires a local agency that has adopted a
written attendance compensation policy or written
reimbursement policy to post the policy on the local
agency's Internet Web site, if any, and to submit a copy of
the policy to the Controller.
AB 1344 (Feuer) requires a proposal to adopt a charter to
include in the ballot description an enumeration of new
city powers as a result of the adoption of the charter,
including whether the city council will have the power to
raise its own compensation and the compensation of other
city officials without voter approval.
SB 46 (Correa) requires designated employees who are
required to file statements of economic interest under a
conflict of interest code to include, as a part of that
filing, a compensation disclosure form that provides
compensation information for the preceding calendar year.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR : 72-0, 5/5/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Galgiani,
Gatto, Gordon, Grove, Hagman, Halderman, Harkey, Hayashi,
Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Cedillo, Furutani, Garrick, Gorell,
Hall, Jones, Nielsen, Vacancy
AGB:kc 6/9/11 Senate Floor Analyses
AB 23
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SUPPORT/OPPOSITION: NONE RECEIVED
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