BILL ANALYSIS Ó
AB 792
Page 1
ASSEMBLY THIRD READING
AB 792 (Mullin)
As Amended May 6, 2013
Majority vote
LOCAL GOVERNMENT 8-1
-----------------------------------------------------------------
|Ayes:|Achadjian, Levine, | | |
| |Bradford, Gordon, | | |
| |Melendez, Mullin, | | |
| |Waldron, Bonta | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Alejo | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Clarifies that legislative bodies of local agencies
may conduct regular and special meetings and take official
actions even if technical barriers have prevented pre-meeting
posting of agendas and notices on their Web sites.
Specifically, this bill :
1)Provides that, for purposes of pre-meeting Internet posting
requirements in current law, if the local agency is unable to
post the agenda for a regular meeting or a notice of a special
meeting on the local agency's Internet Web site because of
software or hardware impairment beyond the local agency's
reasonable control, these circumstances shall not preclude the
legislative body of the local agency from conducting the
meeting or taking action on items of business, provided that
the local agency complies with the following requirements:
a) The legislative body complies with all other pre-meeting
posting requirements;
b) The legislative body makes a reasonable effort to
restore online posting capabilities;
c) The legislative body posts the agenda or notice on the
Internet Web site immediately upon resolution of the
technological problems;
d) The legislative body, or its designee, shall announce at
AB 792
Page 2
the beginning of the meeting the reason for the failure to
post, or the delay in posting, the agenda or the notice on
the local agency's Internet Web site; and,
e) The legislative body, or its designee, attests to a
written statement from the local agency describing the
reason for the failure to post or the delay in posting the
agenda or the notice on the local agency's Internet Web
site and the statement is posted on the local agency's
Internet Web site without delay.
2)Defines "software or hardware impairment beyond the local
agency's reasonable control" to mean that the local agency is
unable to utilize the computer software, hardware, or network
services to post the agenda or agendas, or notice or notices,
to the local agency's Internet Web site due to inoperability
of the software, hardware, or network services caused by a
malicious act, introduction of a malicious program, including,
but not limited to, a computer virus, an electrical outage
affecting the local agency's computer network, or
unanticipated system or equipment inoperability or failure.
EXISTING LAW :
1)Requires, under the Ralph M. Brown Act (Brown Act), that all
meetings of a legislative body of a local agency be open and
public and that all persons be permitted to attend unless a
closed session is authorized.
2)Requires, at least 72 hours before a regular meeting, the
legislative body of the local agency, or its designee, to post
an agenda containing a brief general description of each item
of business to be transacted or discussed at the meeting,
including items to be discussed in closed session. The agenda
must specify the time and location of the regular meeting and
must be posted in a location that is freely accessible to
members of the public and on the local agency's Internet Web
site, if the local agency has one.
3)Prohibits action or discussion from being undertaken on any
item not appearing on the posted agenda, as specified.
4)Allows a special meeting of the legislative body of a local
agency to be called at any time by the presiding officer, or
AB 792
Page 3
by a majority of the members of the legislative body, by
delivering written notice to each member of the legislative
body and to each local newspaper of general circulation and
radio or television station requesting notice in writing and
posting a notice on the local agency's Internet Web site, if
the local agency has one, at least 24 hours in advance of the
special meeting.
5)Specifies that the call and notice for a special meeting must
specify the time and place of the special meeting and the
business to be transacted or discussed, and prohibits any
other business from being considered at the special meeting.
FISCAL EFFECT : None
COMMENTS : This bill clarifies that local agency legislative
bodies may meet and take action in regular or special meetings
even if they are unable to comply, due to technical impairments
beyond their reasonable control, with current-law requirements
to post on their Web sites the agenda of a regular meeting or a
notice of a special meeting, provided that they comply with all
other pre-meeting posting requirements under the Brown Act and a
number of other requirements. According to the author, "Whether
due to server failure, Internet provider service issues, or
malicious attack from hackers, it is not clear if local agencies
are still permitted to hold their meetings when their websites
are down?. Local agencies need clarification and guidance so
they can continue to conduct business in an open and transparent
manner." This bill is sponsored by the California Special
Districts Association.
The Brown Act's online posting requirement was established just
last year, via AB 1344 (Feuer and Alejo), Chapter 692, Statutes
of 2011. The new statute requires the legislative body of a
local agency to post at least 72 hours in advance the agenda for
a regular meeting on the local agency's Internet Web site, if
the local agency has one, and to post at least 24 hours in
advance the notice for a special meeting and the business to be
transacted on the local agency's Internet Web site, if the local
agency has one.
According to the author and sponsor, several local government
bodies have already experienced situations in which they were
unable to post their agenda online. This presents local
agencies with a two-fold problem: first, they are concerned
AB 792
Page 4
with being out of compliance with the advance-posting
requirements under the Brown Act for these meetings; and,
second, they are concerned that any action taken during these
meetings could be declared null and void under existing
provisions of the Brown Act.
The sponsor notes that some agenda items can be postponed, but
that other agenda items - such as contracts, infrastructure
financing agreements, litigation, or hiring and dismissal of
management - are time sensitive. This is especially true for
local government bodies that do not meet on a weekly basis.
Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958
FN: 0000366