BILL NUMBER: AB 392	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 14, 2011

   An act to amend Sections 54954.2 and 54957.5 of the Government
Code, relating to public meetings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 392, as introduced, Alejo. Ralph M. Brown Act: posting agendas.

   (1) Existing law, the Ralph M. Brown Act, requires the meetings of
the legislative body of a local agency to be conducted openly and
publicly, with specified exceptions. Existing law requires that the
legislative body of a local agency post an agenda, as specified, at
least 72 hours before a regular meeting of that body, and prohibits
the legislative body from acting on or discussing any item not
appearing on the agenda, except as provided.
   Existing law requires that agendas of public meetings and any
other writings, when distributed to all, or a majority of all, of the
members of the legislative body of a local agency in connection with
a matter subject to discussion or consideration at an open meeting
of the body, are disclosable public records under the California
Public Records Act. Existing law establishes a procedure for the
disclosure of any writings that are distributed less than 72 hours
prior to the meeting.
   This bill would additionally require the legislative body of the
local agency, at least 72 hours before a regular meeting of that
body, to post the writings that relate to an agenda item for the open
session of that regular meeting. This bill would require the
legislative body to post the agenda and the writings on its Internet
Web site, if any, as specified. The bill would repeal the procedure
for the disclosure of any writings that are distributed less than 72
hours prior to the meeting and would instead prohibit the legislative
body from acting on or discussing an item on the agenda for which a
related writing was not properly disclosed at least 72 hours prior to
the meeting, except as provided. By expanding the duties of local
agencies, this bill would impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 54954.2 of the Government Code is amended to
read:
   54954.2.  (a) (1) At least 72 hours before a regular meeting, the
legislative body of the local agency, or its designee, shall post an
agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including
items to be discussed in closed session  , and shall post any
writing, as described in subdivision (a) of Section 54957.5, that
relates to an agenda item for the open session of that regular
meeting of the legislative body of the   local agency 
. A brief general description of an item generally need not exceed
20 words. The agenda shall specify the time and location of the
regular meeting and shall be posted  , along with   the
writings in a manner that makes it clear to which agenda items the
writings relate, on the local agency's Internet Web site, if any, and
 in a location that is freely accessible to members of the
public.  Each local agency shall list the address of the publicly
accessible  location on the agendas for all meetings of the
legislative body of that agency.  If requested, the agenda 
or writing  shall be made available in appropriate alternative
formats to persons with a disability, as required by Section 202 of
the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
and the federal rules and regulations adopted in implementation
thereof. The agenda shall include information regarding how, to whom,
and when a request for disability related modification or
accommodation, including auxiliary aids or services may be made by a
person with a disability who requires a modification or accommodation
in order to participate in the public meeting.
   (2) No action or discussion shall be undertaken on any item not
appearing on the posted agenda  or any item for which a related
  writing was not disclosed pursuant to subdivision (a)
 , except that members of a legislative body or its staff may
briefly respond to statements made or questions posed by persons
exercising their public testimony rights under Section 54954.3. In
addition, on their own initiative or in response to questions posed
by the public, a member of a legislative body or its staff may ask a
question for clarification, make a brief announcement, or make a
brief report on his or her own activities. Furthermore, a member of a
legislative body, or the body itself, subject to rules or procedures
of the legislative body, may provide a reference to staff or other
resources for factual information, request staff to report back to
the body at a subsequent meeting concerning any matter, or take
action to direct staff to place a matter of business on a future
agenda.
   (b) Notwithstanding subdivision (a), the legislative body may take
action on items of business not appearing on the posted agenda 
or items   for which a related writing was not disclosed
pursuant to subdivision (a),  under any of the conditions stated
below. Prior to discussing any item pursuant to this subdivision,
the legislative body shall publicly identify the item.
   (1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.
   (2) Upon a determination by a two-thirds vote of the members of
the legislative body present at the meeting, or, if less than
two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and
that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision
(a).
   (3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five calendar
days prior to the date action is taken on the item, and at the prior
meeting the item was continued to the meeting at which action is
being taken.
   (c) This section is necessary to implement and reasonably within
the scope of paragraph (1) of subdivision (b) of Section 3 of Article
I of the California Constitution.
  SEC. 2.  Section 54957.5 of the Government Code is amended to read:

   54957.5.  (a) Notwithstanding Section 6255 or any other provisions
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
an open meeting of the body, are disclosable public records under
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1), and shall be made available
upon request without delay. However, this section shall not include
any writing exempt from public disclosure under Section 6253.5, 6254,
6254.3, 6254.7, 6254.15, 6254.16, or 6254.22. 
   (b) (1) If a writing that is a public record under subdivision
(a), and that relates to an agenda item for an open session of a
regular meeting of the legislative body of a local agency, is
distributed less than 72 hours prior to that meeting, the writing
shall be made available for public inspection pursuant to paragraph
(2) at the time the writing is distributed to all, or a majority of
all, of the members of the body.  
   (2)  A local agency shall make any writing described in paragraph
(1) available for public inspection at a public office or location
that the agency shall designate for this purpose. Each local agency
shall list the address of this office or location on the agendas for
all meetings of the legislative body of that agency. The local agency
also may post the writing on the local agency's Internet Web site in
a position and manner that makes it clear that the writing relates
to an agenda item for an upcoming meeting.  
   (3) This subdivision shall become operative on July 1, 2008.
 
   (c) Writings that are public records under subdivision (a) and
that are distributed during a public meeting shall 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. These writings shall be made available in
appropriate alternative formats upon request by a person with a
disability, as required by Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal
rules and regulations adopted in implementation thereof. 

   (d) 
    (b)  Nothing in this chapter shall be construed to
prevent the legislative body of a local agency from charging a fee or
deposit for a copy of a public record pursuant to Section 6253,
except that no surcharge shall be imposed on persons with
disabilities in violation of Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal
rules and regulations adopted in implementation thereof. 
   (e) 
    (c)  This section shall not be construed to limit or
delay the public's right to inspect or obtain a copy of any record
required to be disclosed under the requirements of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1). Nothing in this chapter shall be construed to
require a legislative body of a local agency to place any paid
advertisement or any other paid notice in any publication.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.