BILL NUMBER: AB 194 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 17, 2014
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 54954.3 of the Government Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 194, as amended, Campos. Open meetings: public criticism and
comment.
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
an agenda for a regular meeting or notice for a
special meeting to provide an opportunity for members of
the public to directly address the legislative body
on items being considered by the legislative body, as
specified, and on any item of interest to the public,
before or during the legislative body's consideration of the item,
that is within the subject matter jurisdiction of the legislative
body. The act excepts from this requirement an agenda item that has
already been considered by a committee, composed exclusively of
members of the legislative body, at a public meeting wherein all
interested members of the public were afforded the opportunity to
address the committee on the item, before or during the committee's
consideration of the item, unless the item has been substantially
changed, as specified. The act requires a notice for a special
meeting to provide an opportunity for members of the public to
directly address the legislative body concerning any item that has
been described in the notice before or during consideration of that
item. The act authorizes the legislative body,
body to adopt reasonable regulations to ensure
that the intent of this provision is these
provisions are carried out. Existing law forbids the
legislative body from prohibiting public criticism of the policies,
procedures, programs, or services of the agency, or of the acts or
omissions of the legislative body.
This bill would instead require the agenda for a regular
meeting to provide an opportunity for members of the public to
directly address the legislative body on any item of interest to the
public before and during the legislative body's consideration of the
item, as specified. This bill would expand the above
existing prohibition on the legislative
body, to forbid the legislative body, and its presiding officer or
staff, from prohibiting, limiting, or otherwise preventing public
criticism, as described above, as well as certain
against a legislative body limiting public criticism to include
criticism of the officers and employees of the legislative body, and
specify other designated prohibite d
activities related to limiting public comment. This
bill would, if a legislative body limits the time
allocated for public testimony on a particular issue or for each
individual speaker, prohibit a reduction in that allocated time by
reason of the questioning or interruption of the speaker by the
legislative body or its officers or employees, and the speaker's
response to questioning.
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 54954.3 of the Government Code is amended to
read:
54954.3. (a) Every agenda for regular meetings shall provide an
opportunity for members of the public to directly address the
legislative body on any item of interest to the public, before
or and during the legislative body's
consideration of the item, that is within the subject matter
jurisdiction of the legislative body, provided that no action shall
be taken on any item not appearing on the agenda unless the action is
otherwise authorized by subdivision (b) of Section 54954.2. However,
the agenda need not provide an opportunity for members of the public
to address the legislative body on any item that has already been
considered by a committee, composed exclusively of members of the
legislative body, at a public meeting wherein all interested members
of the public were afforded the opportunity to address the committee
on the item, before or during the committee's consideration of the
item, unless the item has been substantially changed since the
committee heard the item, as determined by the legislative body.
Every notice for a special meeting shall provide an opportunity for
members of the public to directly address the legislative body
concerning any item that has been described in the notice for the
meeting before or during consideration of that item.
(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual speaker. speaker
, and the procedure for public comment on agenda
items.
(c) (1) Subject to reasonable regulations promulgated
pursuant to subdivision (b), the legislative body of a local
agency, or its presiding officer or staff, acting in
their official capacity on behalf of the legislative body,
shall not prohibit, limit, or otherwise prevent any of the
following:
(A) Public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the
legislative body. body or its
officers or employees acting in their official capacity.
(B) Comment by a member of the public on an item after the
introductory presentation has been made and before the body takes
action.
(C)
(B) Comment by a member of the public during
presentation of the an agenda item who
has failed to provide not provided
notice of his or her desire to comment at the beginning of
the meeting. prior to consideration of the agenda item
by the legislative body.
(D)
(C) Comment by a member of the public based on his or
her viewpoint. viewpoint where the comment is
within the subject matter jurisdiction of the legislative body.
(E) A member of the public from using his or her allotted time for
comment by interrupting, questioning, or otherwise disrupting the
individual.
(2) If a legislative body limits the total amount of time
allocated for public testimony on a particular issue or for each
individual speaker, the questioning or interrupting of the speaker by
the legislative body, its officers or employees, and the speaker's
response to questioning shall not reduce the total time allocated for
public testimony on the particular issue or allocated for an
individual speaker.
(2)
(3) This subdivision shall not be construed to confer
any privilege or protection for expression beyond that otherwise
provided by law.