BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 13, 2012

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                     SB 475 (Wright) - As Amended:  June 7, 2012

           SENATE VOTE  :  Vote not relevant
           
          SUBJECT  :  Local agencies: open meetings: teleconferences.

           SUMMARY  :  Permits local health authorities to establish a quorum 
          under the state's open meeting laws via teleconference if at 
          least 50% of the board members constituting the quorum are 
          physically present within the boundaries of the jurisdiction.  
          Specifically,  this bill  : 

          1)Reestablishes the authority of local health authorities to 
            establish a quorum under the 
          Ralph M. Brown Act (Brown Act) via teleconference by counting 
            members outside the jurisdiction towards the number needed for 
            a quorum if at least 50% of that quorum are physically present 
            within the jurisdiction, and the health authority provides a 
            teleconference number and any associated access codes to allow 
            any person to call in to participate in the meeting, and 
            identifies the number and access codes in the notice and 
            agenda of the meeting.

          2)Provides for the authorization to sunset on January 1, 2018.

          3)Makes legislative findings and declarations relative to the 
            difficulty of obtaining a quorum 
          of health authority board members within the physical 
            jurisdiction of the authority.

           EXISTING LAW  : 

          1)Requires that all meetings of the legislative body of a local 
            agency be open and public, and requires that all persons be 
            permitted to attend any such meetings, unless otherwise 
            specified in law. 









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          2)Allows the legislative body of a local agency to use 
            teleconferencing for the benefit of the public and the 
            legislative body of a local agency in connection with any 
            meeting or proceeding authorized by law.

          3)Specifies that if the legislative body of a local agency 
            elects to use teleconferencing, it must post agendas at all 
            teleconference locations and conduct teleconference meetings 
            in a manner that protects the statutory and constitutional 
            rights of the parties or the public appearing before the 
            legislative body of a local agency.

          4)Requires that each teleconference location be identified in 
            the notice and agenda of the meeting or proceeding, and each 
            teleconference location be accessible to the public. 

          5)Requires that during the teleconference, at least a quorum of 
            the members of the legislative body participate from locations 
            within the boundaries of the territory over which the local 
            agency exercises jurisdiction.

          6)Provides that, in counties selected by the Director of Health 
            Care Services with the concurrence of the county, a special 
            county health authority may be established in order to meet 
            the problems of delivery of publicly assisted medical care in 
            each county, and to demonstrate ways of promoting quality care 
            and cost efficiency.

          7)Requires, according to existing constitutional provisions, 
            that a statute that limits the right 
          of access to the meetings of public bodies or the writings of 
            public officials and agencies be adopted with findings 
            demonstrating the interest protected by the limitation and the 
            need for protecting that interest.

           FISCAL EFFECT  :  None

           COMMENTS  :

          1)The Brown Act requires local governments' meetings to be "open 
            and public," in order to promote citizen involvement in and 








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            oversight of their local legislative bodies.   Local officials 
            must post agendas 72 hours before their regular meetings and 
            they are prohibited from discussing or making decisions about 
            topics that are not on the agenda.

            The Brown Act allows local governments' legislative bodies to 
            use teleconferencing for their meetings as long as they post 
            agendas at all teleconference locations, take all votes by 
            roll call, and accommodate persons wishing to address the 
            governing body.  Each teleconference location must be 
            identified in the notice and agenda of the meeting and must be 
            accessible to the public.

            In 1998, the Legislature added the requirement that, during a 
            teleconference, at least a quorum of the members of the 
            governing body must participate from locations within the 
            boundaries of the local government's jurisdiction ŬSB 139 
            (Kopp) Chapter 260, Statutes of 1998].  The aim was to require 
            that a sufficient number of board members remain in the 
            physical jurisdiction during the meeting in order to ensure 
            that at least one physical teleconference site was available 
            so that members of the public could more easily participate. 

            In 2005, the Legislature created an exception to that 
            teleconference requirement by permitting health authorities to 
            reach a teleconference meeting quorum by counting members not 
            physically within the authority's boundaries as long as those 
            outside members constitute a minority of the quorum ŬAB 1438 
            (Salinas), Chapter 540, Statutes of 2005].  That measure also 
            contained a January 1, 2009 sunset date.  According to the 
            author, there were no reported problems with the use of the 
            exemption during the 2006-2009 period.  However, it is 
            possible that some health authorities continued to operate in 
            reliance upon this provision even after the sunset date. 

          2)This bill would reestablish a special authorization for local 
            health authorities to meet their quorum meeting requirement 
            via teleconference under the Brown Act by counting board 
            members calling from outside of the authority's physical 
            jurisdiction.  Health authorities would still be required to 
            have over 50% of the quorum within the boundaries of the 








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            jurisdiction during the teleconference, and must provide the 
            public teleconference number and any access code in the notice 
            and agenda for the meeting.  This re-authorization will sunset 
            in 2018.  The measure is sponsored by Local Health Plans of 
            California.

          3)As defined, a health authority is any of various specified 
            commissions, non-profit corporations, joint powers 
            authorities, advisory committees or other entities that have 
            been selected or authorized to meet the problems of delivery 
            of publicly-assisted medical care in certain counties, usually 
            by operating a public, not-for-profit health plan.  As of 
            2005, local health authorities served over 1.4 million 
            Medi-Cal, Healthy Families, and Healthy Kids beneficiaries in 
            nine counties throughout California

          According to the sponsor, "Ŭl]ocal health plans' governing 
            boards consist of doctors, hospitals, Medi-Cal beneficiaries, 
            consumer advocates, county supervisors, community clinics and 
            county health departments.  Most of these representatives have 
            full-time jobs outside of their board duties and very 
            demanding schedules.  Even with regularly scheduled monthly or 
            bi-monthly meetings, local health plan boards find it 
            challenging to meet quorum requirements." 

          4)The reauthorization of a provision that relaxes Brown Act 
            requirements for health authorities alone raises certain 
            questions that the Committee may wish to consider: 

             a)   First, is there sufficient reason to believe that health 
               authorities are having such a difficult time meeting 
               teleconference quorum requirements that a special exemption 
               is called for under the Brown Act?  Should health authority 
               boards instead consider potential board members who are 
               based in the jurisdiction or travel outside of it less 
               frequently? 

             b)   Second, what kind of precedent does this extension set?  
               Should other types of public agencies also be permitted to 
               meet via teleconference with a minority of the quorum 
               calling from outside the jurisdiction?








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          5)AB 1438 (Salinas) created the original quorum exemption for 
            health authorities that is the subject of this bill, as well 
            as the provision for the 2009 sunset date.  The measure was 
            approved June 6, 2005, in this Committee by a 7-0 vote. 

           6)Support arguments  :  According to the sponsor, by "allowing 
            half of the members necessary to establish a quorum to call in 
            from outside the board's jurisdiction during teleconferenced 
            meetings, SB 475 will allow local health plan boards to meet 
            and conduct business on a regular basis with the benefit of 
            the continued participation by their highly qualified - and 
            busy - board members."

             Opposition arguments  :  One might argue that there is no 
            evidence to believe that health authorities are more burdened 
            by the quorum requirements of the Brown Act than any other 
            public entity, and that the appropriate response should be 
            greater selectivity in choosing board members.
           
          







          REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Local Health Plans of California ŬSPONSOR]
          L.A. Care Health Plan
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Hank Dempsey / L. GOV. / (916) 319-3958 









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