AB 246, as introduced, Bradford. Local government: open meetings.
The Ralph M. Brown Act requires each legislative body of a local agency to provide the time and place for holding regular meetings and requires that all meetings of a legislative body be open and public. Under the act, all persons are permitted to attend any meeting of the legislative body of a local agency, unless a closed session is authorized. Under the act, the legislative body of a local agency is authorized to hold closed sessions with the Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, as specified, or a threat to the public’s right of access to public services or public facilities.
This bill additionally would authorize the legislative body of a local agency to hold these closed sessions with the Governor. This bill also makes various technical nonsubstantive changes.
Existing constitutional provisions require 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.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 54957 of the Government Code is
2amended to read:
(a) begin deleteNothing contained in this chapter shall end deletebegin insertThis chapter end insert
4begin insertshall not end insertbe construed to prevent the legislative body of a local
5agency from holding closed sessions with thebegin insert Governor,end insert Attorney
6General, district attorney, agency counsel, sheriff, or chief of
7police, or their respective deputies, or a security consultant or a
8security operations manager, on matters posing a threat to the
9security of public buildings, a threat to the security of essential
10public services, including water, drinking water,
wastewater
11treatment, natural gas service, and electric service, or a threat to
12the public’s right of access to public services or public facilities.
13(b) (1) Subject to paragraph (2),begin delete nothing contained in this end delete
14begin deletechapter shallend deletebegin insert this chapter shall notend insert be construed to prevent the
15legislative body of a local agency from holding closed sessions
16during a regular or special meeting to consider the appointment,
17employment, evaluation of performance, discipline, or dismissal
18of a public employee or to hear complaints or charges brought
19against the employee by another person or employee unless the
20employee requests a public session.
21(2) As a condition to holding a closed session on
specific
22complaints or charges brought against an employee by another
23person or employee, the employee shall be given written notice of
24his or her right to have the complaints or charges heard in an open
25session rather than a closed session, which notice shall be delivered
26to the employee personally or by mail at least 24 hours before the
27time for holding the session. If notice is not given, any disciplinary
28or other action taken by the legislative body against the employee
29based on the specific complaints or charges in the closed session
30shall be null and void.
31(3) The legislative body also may exclude from the public or
32closed meeting, during the examination of a witness, any or all
33other witnesses in the matter being investigated by the legislative
34body.
P3 1(4) For the purposes of this subdivision, the term “employee”
2shall include an officer or an independent contractor who
functions
3as an officer or an employee but shall not include any elected
4official, member of a legislative body or other independent
5contractors.begin delete Nothing in this subdivision shallend deletebegin insert This subdivision shall end insert
6begin insertnotend insert limit local officials’ ability to hold closed session meetings
7pursuant to Sections 1461, 32106, and 32155 of the Health and
8Safety Code or Sections 37606 and 37624.3 of the Government
9Code. Closed sessions held pursuant to this subdivision shall not
10include discussion or action on proposed compensation except for
11a reduction of compensation that results from the imposition of
12discipline.
The Legislature finds and declares that Section 1 of
14this act, which amends Section 54957 of the Government Code,
15imposes a limitation on the public’s right of access to the meetings
16of public bodies or the writings of public officials and agencies
17within the meaning of Section 3 of Article I of the California
18Constitution. Pursuant to that constitutional provision, the
19Legislature makes the following findings to demonstrate the interest
20protected by this limitation and the need for protecting that interest:
21Without some freedom to protect sensitive information, security
22is compromised. Therefore, the health and safety of the people of
23California are enhanced by giving governing bodies the authority
24to meet with the Governor in
closed meetings to discuss security
25matters that may include sensitive information.
O
99