BILL NUMBER: AB 246	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 6, 2013

   An act to amend Section 54957 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 54957 of the Government Code is amended to
read:
   54957.  (a)  Nothing contained in this chapter shall
  This chapter shall not  be construed to prevent
the legislative body of a local agency from holding closed sessions
with the  Governor,  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, including water,
drinking water, wastewater treatment, natural gas service, and
electric service, or a threat to the public's right of access to
public services or public facilities.
   (b) (1) Subject to paragraph (2),  nothing contained in
this chapter shall   this chapter shall not  be
construed to prevent the legislative body of a local agency from
holding closed sessions during a regular or special meeting to
consider the appointment, employment, evaluation of performance,
discipline, or dismissal of a public employee or to hear complaints
or charges brought against the employee by another person or employee
unless the employee requests a public session.
   (2) As a condition to holding a closed session on specific
complaints or charges brought against an employee by another person
or employee, the employee shall be given written notice of his or her
right to have the complaints or charges heard in an open session
rather than a closed session, which notice shall be delivered to the
employee personally or by mail at least 24 hours before the time for
holding the session. If notice is not given, any disciplinary or
other action taken by the legislative body against the employee based
on the specific complaints or charges in the closed session shall be
null and void.
   (3) The legislative body also may exclude from the public or
closed meeting, during the examination of a witness, any or all other
witnesses in the matter being investigated by the legislative body.
   (4) For the purposes of this subdivision, the term "employee"
shall include an officer or an independent contractor who functions
as an officer or an employee but shall not include any elected
official, member of a legislative body or other independent
contractors.  Nothing in this subdivision shall 
 This subdivision shall not  limit local officials' ability
to hold closed session meetings pursuant to Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and 37624.3 of
the Government Code. Closed sessions held pursuant to this
subdivision shall not include discussion or action on proposed
compensation except for a reduction of compensation that results from
the imposition of discipline.
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which amends Section 54957 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
   Without some freedom to protect sensitive information, security is
compromised. Therefore, the health and safety of the people of
California are enhanced by giving governing bodies the authority to
meet with the Governor in closed meetings to discuss security matters
that may include sensitive information.