Amended in Assembly April 25, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1988


Introduced by Assembly Member Jones

February 16, 2016


An act to add Section 54956.77 to the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 1988, as amended, Jones. Public meetings: closed sessions: confidential final reports.

Existing law authorizes the legislative body of a local agency that has received a confidential final draft audit report from the California State Auditor's Office to hold closed sessions to discuss its response to that report, as specified.

This bill would authorizebegin insert an audit committee created by charter, ordinance, resolution, or formal action ofend insert the legislative body of a city that has received a confidential final report from the city auditor to hold closed sessions to discuss its response to that report.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 54956.77 is added to the Government
2Code
, to read:

3

54956.77.  

begin deleteThe end deletebegin insertAn audit committee created by charter,
4ordinance, resolution, or formal action of the end insert
legislative body of
5a city that has received a confidential final report from the city
6auditor may hold closed sessions to discuss its response to that
7report.

8

SEC. 2.  

The Legislature finds and declares that Section 1 of
9this act, which adds Section 54956.77begin delete ofend deletebegin insert toend insert the Government Code,
10imposes a limitation on the public’s right of access to the meetings
11of public bodies or the writings of public officials and agencies
12within the meaning of Section 3 of Article I of the California
13Constitution. Pursuant to that constitutional provision, the
14Legislature makes the following findings to demonstrate the interest
15protected by this limitation and the need for protecting that interest:

16Without some ability to protect sensitive information, public
17safety, privacy, and security is compromised. Therefore, the health
18and safety of the people of California are enhanced by giving the
19begin delete city councilsend deletebegin insert legislative bodies of citiesend insert the authority to meet with
20the city auditor in closed meetings tobegin insert discussend insert the contents of a
21confidentialbegin delete audit.end deletebegin insert report.end insert

22

SEC. 3.  

The Legislature finds and declares that Section 1 of
23this act, which adds Section 54956.77begin delete ofend deletebegin insert toend insert the Government Code,
24furthers, within the meaning of paragraph (7) of subdivision (b)
25of Section 3 of Article I of the California Constitution, the purposes
26of that constitutional section as it relates to the right of public
27access to the meetings of local public bodies or the writings of
28local public officials and local agencies. Pursuant to paragraph (7)
29of subdivision (b) of Section 3 of Article I of the California
30Constitution, the Legislature makes the following findings:

31The protection of sensitive information, public safety, privacy,
32and security is furthered by ensuring thatbegin delete city councilsend deletebegin insert legislative
P3    1bodies of citiesend insert
may meet with the city auditor in closed meetings
2to consider the contents of a confidential audit.



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