AB 951, as amended, Wilk. Local agencies.
Existing law, the Ralph M. Brown Act, requires thebegin delete legislative body of a local agency to provide the time and place for holding regular meetings of the legislative body.end deletebegin insert regular and special meetings of a legislative body to be held within the boundaries of the territory over which the local agency exercises jurisdiction, except that the local agency may meet at its principal office if that office is located outside the territory over which the agency exercises jurisdiction.end insert
This bill would make technical, nonsubstantive changes to this law.
end deleteThis bill would, notwithstanding the exception described above, require the Santa Clarita Valley Sanitation District to meet in Santa Clarita. By imposing new duties on the Santa Clarita Valley Sanitation District, this bill would impose a state-mandated local program.
end insertbegin insertThis bill would make legislative findings and declarations as to the necessity of a special statute.
end insertbegin insertThe California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
end insertbegin insertThis bill would make legislative findings to that effect.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
Section 54954 of the Government Code is
2amended to read:
(a) Each legislative body of a local agency, except for
4advisory committees or standing committees, shall provide, by
5ordinance, resolution, bylaws, or by whatever other rule is required
6for the conduct of business by that body, the time and place for
7holding regular meetings. Meetings of advisory committees or
8standing committees, for which an agenda is posted at least 72
9hours in advance of the meeting pursuant to subdivision (a) of
10Section 54954.2, shall be considered for purposes of this chapter
11as regular meetings of the legislative body.
12(b) Regular and special meetings of the legislative body shall
13be held within the boundaries of the territory
over which the local
14agency exercises jurisdiction, except to do any of the following:
15(1) Comply with state or federal law or court order, or attend a
16judicial or administrative proceeding to which the local agency is
17a party.
18(2) Inspect real or personal property that cannot be conveniently
19brought within the boundaries of the territory over which the local
20agency exercises jurisdiction provided that the topic of the meeting
21is limited to items directly related to the real or personal property.
22(3) Participate in meetings or discussions of multiagency
23significance that are outside the boundaries of a local agency’s
24jurisdiction. However, a meeting or discussion held pursuant to
25this subdivision shall take place within
the jurisdiction of one of
P3 1the participating local agencies and be noticed by all participating
2agencies as provided for in this chapter.
3(4) Meet in the closest meeting facility if the local agency has
4no meeting facility within the boundaries of the territory over
5which the local agency exercises jurisdiction, or at the principal
6office of the local agency if that office is located outside the
7territory over which the agency exercises jurisdiction.
8(5) Meet outside their immediate jurisdiction with elected or
9appointed officials of the United States or the State of California
10when a local meeting would be impractical, solely to discuss a
11legislative or regulatory issue affecting the local agency and over
12which the federal or state officials have jurisdiction.
13(6) Meet outside their immediate jurisdiction if the meeting
14takes place in or nearby a facility owned by the agency, provided
15that the topic of the meeting is limited to items directly related to
16the facility.
17(7) Visit the office of the local agency’s legal counsel for a
18closed session on pending litigation held pursuant to Section
1954956.9, when to do so would reduce legal fees or costs.
20(c) Meetings of the governing board of a school district shall
21be held within the district, except under the circumstances
22enumerated in subdivision (b), or to do any of the following:
23(1) Attend a conference on nonadversarial collective bargaining
24techniques.
25(2) Interview members of the public residing in another district
26with reference to the trustees’ potential employment of an applicant
27for the position of the superintendent of the district.
28(3) Interview a potential employee from another district.
29(d) Meetings of a joint powers authority shall occur within the
30territory of at least one of its member agencies, or as provided in
31subdivision (b). However, a joint powers authority that has
32members throughout the state may meet at any facility in the state
33that complies with the requirements of Section 54961.
34(e) If, by reason of fire, flood, earthquake, or other emergency,
35it shall be unsafe to meet in the place designated,
the meetings
36shall be held for the duration of the emergency at the place
37designated by the presiding officer of the legislative body, or his
38or her designee, in a notice to the local media that have requested
39notice pursuant to Section 54956, by the most rapid means of
40communication available at the time.
P4 1(f) Notwithstanding paragraph (4) of subdivision (b), all regular
2and special meetings of the Santa Clarita Valley Sanitation District
3shall be held in Santa Clarita.
The Legislature finds and declares that a special law
5is necessary and that a general law cannot be made applicable
6within the meaning of Section 16 of Article IV of the California
7Constitution because of the need to hold meetings of the Santa
8Clarita Valley Sanitation District in a location in Santa Clarita
9instead of at the principal office of the district, which is over fifty
10miles away.
The Legislature finds and declares that Section 1 of
12this act, which amends Section 54954 of the Government Code,
13furthers, within the meaning of paragraph (7) of subdivision (b)
14of Section 3 of Article I of the California Constitution, the purposes
15of that constitutional section as it relates to the right of public
16access to the meetings of local public bodies or the writings of
17local public officials and local agencies. Pursuant to paragraph
18(7) of subdivision (b) of Section 3 of Article I of the California
19Constitution, the Legislature makes the following findings:
20Because of the need to hold meetings of the Santa Clarita Valley
21Sanitation District in a location in Santa Clarita instead of at the
22principal office of the district, which is over fifty miles away, this
23act would further the purpose of Section 3 of Article I of the
24California Constitution.
No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district under this act would result from a legislative mandate that
29is within the scope of paragraph (7) of subdivision (b) of Section
303 of Article I of the California Constitution.
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