BILL NUMBER: AB 194 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 27, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Campos
JANUARY 28, 2013
An act to amend Section 54960.1 of the Government Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 194, as amended, Campos. Open meetings: actions for violations.
The Ralph M. Brown Act requires, with specified exceptions, that
all meetings of a legislative body of a local agency, as those terms
are defined, be open and public and that all persons be permitted to
attend and participate. The act requires every agenda for a regular
meeting or notice for a special meeting to provide an opportunity for
members of the public to address the legislative body on items being
considered by the legislative body, as specified. The act authorizes
a district attorney or any interested party to seek a judicial
determination that an action taken by a legislative body is null and
void if the legislative body violated certain provisions of the act.
This bill would expand the authorization for a district attorney
or interested party to seek a judicial determination that an action
taken by a legislative body is null and void if the legislative body
violated the requirement that every agenda for a regular meeting or
notice for a special meeting provide an opportunity for members of
the public to address the legislative body on items being considered,
as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54960.1 of the Government Code is amended to
read:
54960.1. (a) The district attorney or any interested person may
commence an action by mandamus or injunction for the purpose of
obtaining a judicial determination that an action taken by a
legislative body of a local agency in violation of Section 54953,
54954.2, 54954.3, 54954.5, 54954.6, 54956, or 54956.5 is null and
void under this section. Nothing in this chapter shall be construed
to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision
(a), the district attorney or interested person shall make a demand
of the legislative body to cure or correct the action alleged to have
been taken in violation of Section 54953, 54954.2, 54954.3, 54954.5,
54954.6, 54956, or 54956.5. The demand shall be in writing and
clearly describe the challenged action of the legislative body and
nature of the alleged violation.
(c) (1) The written demand shall be made within 90 days from the
date the action was taken unless the action was taken in an open
session but in violation of Section 54954.2, in which case the
written demand shall be made within 30 days from the date the action
was taken.
(2) Within 30 days of receipt of the demand, the legislative body
shall cure or correct the challenged action and inform the demanding
party in writing of its actions to cure or correct or inform the
demanding party in writing of its decision not to cure or correct the
challenged action.
(3) If the legislative body takes no action within the 30-day
period, the inaction shall be deemed a decision not to cure or
correct the challenged action, and the 15-day period to commence the
action described in subdivision (a) shall commence to run the day
after the 30-day period to cure or correct expires.
(4) Within 15 days of receipt of the written notice of the
legislative body's decision to cure or correct, or not to cure or
correct, or within 15 days of the expiration of the 30-day period to
cure or correct, whichever is earlier, the demanding party shall be
required to commence the action pursuant to subdivision (a) or
thereafter be barred from commencing the action.
(d) (1) An action taken that is alleged to
have been taken in violation of Section 54953, 54954.2, 54954.3,
54954.5, 54954.6, 54956, or 54956.5 shall not be determined to be
null and void if any of the following conditions exist:
(1)
(A) The action taken was in substantial compliance with
Sections 54953, 54954.2, 54954.3, 54954.5, 54954.6, 54956, and
54956.5.
(2)
(B) The action taken was in connection with the sale or
issuance of notes, bonds, or other evidences of indebtedness or any
contract, instrument, or agreement thereto.
(3)
(C) The action taken gave rise to a contractual
obligation, including a contract let by competitive bid other than
compensation for services in the form of salary or fees for
professional services, upon which a party has, in good faith and
without notice of a challenge to the validity of the action,
detrimentally relied.
(4)
(D) The action taken was in connection with the
collection of any tax.
(5)
(E) Any person, city, city and county, county,
district, or any agency or subdivision of the state alleging
noncompliance with subdivision (a) of Section 54954.2, Section 54956,
or Section 54956.5, because of any defect, error, irregularity, or
omission in the notice given pursuant to those provisions, had actual
notice of the item of business at least 72 hours prior to the
meeting at which the action was taken, if the meeting was noticed
pursuant to Section 54954.2, or 24 hours prior to the meeting at
which the action was taken if the meeting was noticed pursuant to
Section 54956, or prior to the meeting at which the action was taken
if the meeting is held pursuant to Section 54956.5.
(2) With regard to an action that is alleged to have been taken in
violation of Section 54954.3, this section shall not apply to any
agenda item except the agenda item or items acted upon in violation
of that section.
(e) During any action seeking a judicial determination pursuant to
subdivision (a) if the court determines, pursuant to a showing by
the legislative body that an action alleged to have been taken in
violation of Section 54953, 54954.2, 54954.3, 54954.5, 54954.6,
54956, or 54956.5 has been cured or corrected by a subsequent action
of the legislative body, the action filed pursuant to subdivision (a)
shall be dismissed with prejudice.
(f) The fact that a legislative body takes a subsequent action to
cure or correct an action taken pursuant to this section shall not be
construed or admissible as evidence of a violation of this chapter.