BILL ANALYSIS �
SB 751
Page 1
Date of Hearing: June 26, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 751 (Yee) - As Amended: June 17, 2013
SENATE VOTE : 39-0
SUBJECT : Meetings: publication of action taken.
SUMMARY : Requires local agencies to publicly report the vote
of each member of their governing bodies on actions taken.
Specifically, this bill :
1)Requires the legislative body of a local agency to publicly
report any action taken and the vote or abstention on that
action of each member present for the action.
2)Provides that no reimbursement is required by this bill
because the only costs that may be incurred by a local agency
or school district under this bill are not reimbursable.
EXISTING LAW :
1)Requires, pursuant to the Ralph M. Brown Act (Brown Act), that
all meetings of the legislative body of a local agency be open
and public, and that all persons be permitted to attend any
meeting of the legislative body of a local agency, except as
otherwise provided.
2)Allows the legislative body of a local agency to use
teleconferencing in connection with any meeting or proceeding
authorized by law, requires teleconferenced meetings or
proceedings to comply with the Brown Act and all otherwise
applicable provisions of law relating to a specific type of
meeting or proceeding, and requires all votes taken during a
teleconferenced meeting to be taken by roll call.
3)Prohibits any legislative body from taking action by secret
ballot, whether preliminary or final.
4)Requires the following items to be posted for a minimum of 10
days in a public place as soon as possible after any emergency
meeting, which can be held in closed session: the minutes of
the meeting; a list of persons who the presiding officer of
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the legislative body, or designee of the legislative body,
notified or attempted to notify; a copy of the roll call vote;
and, any actions taken at the meeting.
5)Requires all investment transaction decisions made during a
closed session held to consider the purchase or sale of
particular, specific pension fund investments to be made by
roll call vote entered into the minutes of the closed session,
as specified.
FISCAL EFFECT : This bill is keyed fiscal.
COMMENTS :
1)According to the author, "SB 751 seeks to remedy a situation
where a legislative body does not report to the public the
individual votes of members. Some legislative bodies only
report to the public the final vote, for example: 20 Ayes to
11 Noes. For any member of the public who is unable to attend
the meeting or hearing, holding a representative or board
member accountable is nearly impossible. Although the Brown
Act prohibits legislative bodies of a local agency from
conducting a vote by secret ballot, the Act is silent on the
reporting of individual votes to the public. SB 751 would
establish a reasonable provision on Brown Act bodies to report
the individual votes of members on an action taken. This will
ensure that when the people's business is conducted, it is
conducted in an open, transparent and accountable manner."
This bill is sponsored by the Orange County Business Council.
2)The Brown Act requires local agencies to report the vote or
abstention of every member present for specified closed
meetings or for meetings that utilize teleconferencing.
However, the Brown Act does not require agencies to report the
vote of individual members at other public meetings, including
those open to the public. This bill clarifies the Brown Act
to require the legislative body of a local agency to publicly
report any action taken and the vote or abstention on that
action of each member present for the action.
3)The California Newspaper Publishers Association, in support,
writes, "Although the Brown Act prohibits members of a
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legislative body from using secret ballots when taking action,
it does not require members to publicly report the votes cast
in an open and public meeting. The need for SB 751 arose when
the Association of Bay Area Governments (ABAG), a large
government agency governed by the Brown Act, failed to conduct
either a roll call vote or a specific tally and report the
votes of each member of the board. Consequently, constituents
found it difficult, if not impossible, to determine who voted
for or against a measure when ABAG took action. SB 751 would
prevent anonymous voting by large agencies and would improve
the ability of the public and others who monitor legislative
meetings of local agencies to be certain of how members vote
on an issue."
4)Support arguments : Supporters argue that this bill encourages
government transparency and makes it easier for the public to
determine how their elected officials are voting.
Opposition arguments : Opponents could argue that existing
open and public meeting requirements of the Brown Act are
sufficient protections for the public.
REGISTERED SUPPORT / OPPOSITION :
Support
Orange County Business Council [SPONSOR]
Association of California Cities, Orange County
California Apartment Association
California Building Industry Association
California Business Roundtable
California Common Cause
California Newspaper Publishers Association
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Inland Empire Economic Partnership
Los Angeles Area Chamber of Commerce
Los Angeles County Business Federation
Los Angeles County Economic Development Corporation
Orange County Taxpayer's Association
Opposition
None on file
Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958