California Legislature—2015–16 Regular Session

Assembly BillNo. 2257


Introduced by Assembly Member Maienschein

February 18, 2016


An act to amend Section 54954.2 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 2257, as introduced, Maienschein. Local agency meetings: agenda: online posting.

The Ralph M. Brown Act enables the legislative body of a local agency to call both regular and special meetings. The act requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agency’s Internet Web site, if the local agency has one.

This bill would require an online posting of an agenda by a local agency to have a prominent direct link to the current agenda itself. The bill would require the link to be on the local agency’s Internet Web site homepage, not in a contextual menu on the homepage, and would require the agenda to be posted in compliance with a specified section of law.

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:

P2    1

SECTION 1.  

Section 54954.2 of the Government Code is
2amended to read:

3

54954.2.  

(a) (1) At least 72 hours before a regular meeting,
4the legislative body of the local agency, or its designee, shall post
5an agenda containing a brief general description of each item of
6business to be transacted or discussed at the meeting, including
7items to be discussed in closed session. A brief general description
8of an item generally need not exceed 20 words. The agenda shall
9specify the time and location of the regular meeting and shall be
10posted in a location that is freely accessible to members of the
11public and on the local agency’s Internet Web site, if the local
12agency has one.begin insert An online posting of an agenda shall have a
13prominent, direct link to the current agenda itself from the local
14agency’s homepage. The link shall be included on the local
15agency’s homepage, not in a contextual menu on the homepage,
16and the agenda shall be posted in accordance with the
17requirements of subdivisions (a), (b), and (c) of Section 6253.10,
18if applicable.end insert
If requested, the agenda shall be made available in
19appropriate alternative formats to persons with a disability, as
20required by Section 202 of the Americans with Disabilities Act of
211990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
22adopted in implementation thereof. The agenda shall include
23information regarding how, to whom, and when a request for
24disability-related modification or accommodation, including
25auxiliary aids or services, may be made by a person with a
P3    1disability who requires a modification or accommodation in order
2to participate in the public meeting.

3(2) No action or discussion shall be undertaken on any item not
4appearing on the posted agenda, except that members of a
5legislative body or its staff may briefly respond to statements made
6or questions posed by persons exercising their public testimony
7rights under Section 54954.3. In addition, on their own initiative
8or in response to questions posed by the public, a member of a
9legislative body or its staff may ask a question for clarification,
10make a brief announcement, or make a brief report on his or her
11own activities. Furthermore, a member of a legislative body, or
12the body itself, subject to rules or procedures of the legislative
13body, may provide a reference to staff or other resources for factual
14information, request staff to report back to the body at a subsequent
15meeting concerning any matter, or take action to direct staff to
16place a matter of business on a future agenda.

17(b) Notwithstanding subdivision (a), the legislative body may
18take action on items of business not appearing on the posted agenda
19under any of the conditions stated below. Prior to discussing any
20item pursuant to this subdivision, the legislative body shall publicly
21identify the item.

22(1) Upon a determination by a majority vote of the legislative
23body that an emergency situation exists, as defined in Section
2454956.5.

25(2) Upon a determination by a two-thirds vote of the members
26of the legislative body present at the meeting, or, if less than
27two-thirds of the members are present, a unanimous vote of those
28members present, that there is a need to take immediate action and
29that the need for action came to the attention of the local agency
30subsequent to the agenda being posted as specified in subdivision
31(a).

32(3) The item was posted pursuant to subdivision (a) for a prior
33meeting of the legislative body occurring not more than five
34calendar days prior to the date action is taken on the item, and at
35the prior meeting the item was continued to the meeting at which
36action is being taken.

37(c) This section is necessary to implement and reasonably within
38the scope of paragraph (1) of subdivision (b) of Section 3 of Article
39I of the California Constitution.

P4    1(d) For purposes of subdivision (a), the requirement that the
2agenda be posted on the local agency’s Internet Web site, if the
3local agency has one, shall only apply to a legislative body that
4meets either of the following standards:

5(1) A legislative body as that term is defined by subdivision (a)
6of Section 54952.

7(2) A legislative body as that term is defined by subdivision (b)
8of Section 54952, if the members of the legislative body are
9compensated for their appearance, and if one or more of the
10members of the legislative body are also members of a legislative
11body as that term is defined by subdivision (a) of Section 54952.

12

SEC. 2.  

The Legislature finds and declares that Section 1 of
13this act, which amends Section 54954.2 of the Government Code,
14furthers, within the meaning of paragraph (7) of subdivision (b)
15of Section 3 of Article I of the California Constitution, the purposes
16of that constitutional section as it relates to the right of public
17access to the meetings of local public bodies or the writings of
18local public officials and local agencies. Pursuant to paragraph (7)
19of subdivision (b) of Section 3 of Article I of the California
20Constitution, the Legislature makes the following findings:

21It is in the public interest to ensure that members of the public
22can easily and quickly find and access meeting agendas on the
23Internet homepage of local agencies.

24

SEC. 3.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district under this act would result from a legislative mandate that
28is within the scope of paragraph (7) of subdivision (b) of Section
293 of Article I of the California Constitution.



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