BILL NUMBER: AB 951 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Wilk
FEBRUARY 26, 2015
An act to amend Section 54954 of the Government Code,
add Article 10 (commencing with Section 4859) to
Chapter 3 of Part 3 of Division 5 of the Health and Safety Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 951, as amended, Wilk. Local agencies.
Santa Clarita Valley Sanitation District.
The County Sanitation District Act provides for the formation
of county sanitation districts. Existing law, the Ralph M.
Brown Act, requires the 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 in the closest meeting facility if it has no meeting
facility within the boundaries of the territory over which the local
agency exercises jurisdiction, or at its principal office if
that office is located outside the territory over which the
local agency exercises jurisdiction.
This bill would, notwithstanding the would
prohibit the exception described above, require
above from applying to the Santa Clarita Valley
Sanitation District to meet in Santa Clarita.
District. By imposing new duties on the Santa Clarita Valley
Sanitation District, this bill would impose a state-mandated local
program.
This bill would make legislative findings and declarations as to
the necessity of a special statute.
The 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.
This bill would make legislative findings to that effect.
The 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 10 (commencing with Section
4859) is added to Chapter 3 of Part 3 of Division 5 of the
Health and Safety Code , to read:
Article 10. Santa Clarita Valley Sanitation District
4859. (a) Paragraph (4) of subdivision (b) of Section 54954 of
the Government Code does not apply to the regular and special
meetings of the Santa Clarita Valley Sanitation District.
(b) For purposes of this section, "meetings" has the same
definition as that term is defined in Section 54952.2 of the
Government Code.
SECTION 1. Section 54954 of the Government Code
is amended to read:
54954. (a) Each legislative body of a local agency, except for
advisory committees or standing committees, shall provide, by
ordinance, resolution, bylaws, or by whatever other rule is required
for the conduct of business by that body, the time and place for
holding regular meetings. Meetings of advisory committees or standing
committees, for which an agenda is posted at least 72 hours in
advance of the meeting pursuant to subdivision (a) of Section
54954.2, shall be considered for purposes of this chapter as regular
meetings of the legislative body.
(b) Regular and special meetings of the legislative body shall be
held within the boundaries of the territory over which the local
agency exercises jurisdiction, except to do any of the following:
(1) Comply with state or federal law or court order, or attend a
judicial or administrative proceeding to which the local agency is a
party.
(2) Inspect real or personal property that cannot be conveniently
brought within the boundaries of the territory over which the local
agency exercises jurisdiction provided that the topic of the meeting
is limited to items directly related to the real or personal
property.
(3) Participate in meetings or discussions of multiagency
significance that are outside the boundaries of a local agency's
jurisdiction. However, a meeting or discussion held pursuant to this
subdivision shall take place within the jurisdiction of one of the
participating local agencies and be noticed by all participating
agencies as provided for in this chapter.
(4) Meet in the closest meeting facility if the local agency has
no meeting facility within the boundaries of the territory over which
the local agency exercises jurisdiction, or at the principal office
of the local agency if that office is located outside the territory
over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or
appointed officials of the United States or the State of California
when a local meeting would be impractical, solely to discuss a
legislative or regulatory issue affecting the local agency and over
which the federal or state officials have jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting takes
place in or nearby a facility owned by the agency, provided that the
topic of the meeting is limited to items directly related to the
facility.
(7) Visit the office of the local agency's legal counsel for a
closed session on pending litigation held pursuant to Section
54956.9, when to do so would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be
held within the district, except under the circumstances enumerated
in subdivision (b), or to do any of the following:
(1) Attend a conference on nonadversarial collective bargaining
techniques.
(2) Interview members of the public residing in another district
with reference to the trustees' potential employment of an applicant
for the position of the superintendent of the district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the
territory of at least one of its member agencies, or as provided in
subdivision (b). However, a joint powers authority that has members
throughout the state may meet at any facility in the state that
complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or other emergency,
it shall be unsafe to meet in the place designated, the meetings
shall be held for the duration of the emergency at the place
designated by the presiding officer of the legislative body, or his
or her designee, in a notice to the local media that have requested
notice pursuant to Section 54956, by the most rapid means of
communication available at the time.
(f) Notwithstanding paragraph (4) of subdivision (b), all regular
and special meetings of the Santa Clarita Valley Sanitation District
shall be held in Santa Clarita.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the need to hold meetings of the Santa Clarita Valley
Sanitation District in a location in Santa Clarita
within the bounderies of the territory over which the district
exercises jurisdiction instead of at the principal office of
the district, which is over fifty miles away.
SEC. 3. The Legislature finds and declares that Section 1 of this
act, which amends Section 54954 of the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
Because of the need to hold meetings of the Santa Clarita Valley
Sanitation District in a location in Santa Clarita
within the bounderies of the territory over which the district
exercises jurisdiction instead of at the principal office of
the district, which is over fifty miles away, this act would further
the purpose of Section 3 of Article I of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.