BILL ANALYSIS Ó 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 SB 751 Page 2 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 SB 751 Page 3 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 SB 751 Page 4 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