Amended in Assembly May 11, 2016

Amended in Assembly April 25, 2016

Amended in Assembly April 11, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2257


Introduced by Assembly Member Maienschein

(Coauthors: Assembly Members Brough, Chang,begin insert Cristina Garcia,end insert and Jones)

(Coauthor: Senator Bates)

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 amended, 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 agendabegin delete by a local agencyend deletebegin insert for the legislative body of a local agency, if the local agency has an Internet Web site,end insert tobegin delete have a prominent direct link to the current agenda itself.end deletebegin insert be posted on the local agency’s primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt a city, county, city and county, and special district from this requirement if it has an integrated agenda management platform that meets specified requirements, including that the current agenda of the legislative body of the local agency is the first agenda available at the top of the integrated agenda management platform.end insert The bill would requirebegin delete the link to be on the local agency’s Internet Web site homepage, not in a contextual menu on the homepage, and would require theend deletebegin insert an online posting of anyend insert agendabegin insert by a local agencyend insert to be posted in an open format that meets specified requirements, including that the agenda is platform independent and machine readable.begin insert The bill would also define terms for these purposes.end insert The bill would make these provisions applicable on and after January 1, 2019.

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
P3    1items to be discussed in closed session. A brief general description
2of an item generally need not exceed 20 words. The agenda shall
3specify the time and location of the regular meeting and shall be
4posted in a location that is freely accessible to members of the
5public and on the local agency’s Internet Web site, if the local
6agency has one. If requested, the agenda shall be made available
7in appropriate alternative formats to persons with a disability, as
8required by Section 202 of the Americans with Disabilities Act of
91990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
10adopted in implementation thereof. The agenda shall include
11information regarding how, to whom, and when a request for
12disability-related modification or accommodation, including
13auxiliary aids or services, may be made by a person with a
14disability who requires a modification or accommodation in order
15to participate in the public meeting.

16(2) On and after January 1, 2019, the following provisions shall
17
begin delete apply:end deletebegin insert apply if a local agency has an Internet Web site:end insert

18(A) An online posting of an agendabegin insert for the legislative body of
19a local agencyend insert
shall be posted on the local agency’sbegin insert primary
20Internet Web siteend insert
homepage accessible through a prominent, direct
21link to the currentbegin delete agenda.end delete

22begin delete(B)end deletebegin deleteend deletebegin deleteTheend deletebegin insert agenda. Theend insert direct link to the agenda shall not be in a
23contextualbegin delete menu.end deletebegin insert menu; however, a link in addition to the direct
24link to the agenda may be accessible through a contextual menu.end insert

begin delete

25(C) The

end delete

26begin insert(B)end insertbegin insertend insertbegin insertAn online posting of anend insert agendabegin insert of any local agency,
27including, but not limited to, an agenda posted in an integrated
28agenda management platform,end insert
shall be posted in an open format
29that meets all of the following requirements:

30(i) Retrievable, downloadable, indexable, and electronically
31searchable by commonly used Internet search applications.

32(ii) Platform independent and machine readable.

33(iii) Available to the public free of charge and without any
34restriction that would impede the reuse or redistribution of the
35
begin delete public record.end deletebegin insert agenda.end insert

begin delete

36(D) The requirements of subparagraphs (A), (B), and (C) shall
37be deemed satisfied if the legislative body of a board, commission,
38or agency of a county, city, whether general or chartered, city and
39county, town, school district, municipal corporation, district, or
40political subdivision posts an agenda, in compliance with
P4    1subparagraphs (A), (B), and (C), on the homepage of the board,
2commission, or agency. Subparagraphs (A), (B), and (C) shall not
3be construed to require the agenda for a meeting of a board,
4commission, or agency to be posted on the homepage of the local
5agency that created the board, commission, or agency.

end delete
begin insert

6
(C) A city, county, city and county, or special district that has
7an integrated agenda management platform shall not be required
8to comply with subparagraph (A) if all of the following are met:

end insert
begin insert

9
(i) A direct link to the integrated agenda management platform
10is posted on the local agency’s primary Internet Web site
11homepage. The direct link to the integrated agenda management
12platform shall not be in a contextual menu. When a person clicks
13on the direct link to the integrated agenda management platform,
14the direct link shall take the person directly to an Internet Web
15site with the agendas of the local agency.

end insert
begin insert

16
(ii) The integrated agenda management platform contains all
17of the agendas of the local agency.

end insert
begin insert

18
(iii) The current agenda of the legislative body of the local
19agency is the first agenda available at the top of the integrated
20agenda management platform.

end insert
begin insert

21
(iv) All agendas posted in the integrated agenda management
22platform comply with the requirements in clauses (i), (ii), and (iii)
23of Subparagraph (B).

end insert
begin insert

24
(D) For the purposes of this paragraph, both of the following
25definitions shall apply:

end insert
begin insert

26
(i) “Integrated agenda management platform” means an
27Internet Web site of a local agency dedicated to providing the
28entirety of the local agency’s agenda information to the public.

end insert
begin insert

29
(ii) “Legislative body” has the same meaning as that term is
30used in subdivision (a) of Section 54952.

end insert

31(3) No action or discussion shall be undertaken on any item not
32appearing on the posted agenda, except that members of a
33legislative body or its staff may briefly respond to statements made
34or questions posed by persons exercising their public testimony
35rights under Section 54954.3. In addition, on their own initiative
36or in response to questions posed by the public, a member of a
37legislative body or its staff may ask a question for clarification,
38make a brief announcement, or make a brief report on his or her
39own activities. Furthermore, a member of a legislative body, or
40the body itself, subject to rules or procedures of the legislative
P5    1body, may provide a reference to staff or other resources for factual
2information, request staff to report back to the body at a subsequent
3meeting concerning any matter, or take action to direct staff to
4place a matter of business on a future agenda.

5(b) Notwithstanding subdivision (a), the legislative body may
6take action on items of business not appearing on the posted agenda
7under any of the conditions stated below. Prior to discussing any
8item pursuant to this subdivision, the legislative body shall publicly
9identify the item.

10(1) Upon a determination by a majority vote of the legislative
11body that an emergency situation exists, as defined in Section
1254956.5.

13(2) Upon a determination by a two-thirds vote of the members
14of the legislative body present at the meeting, or, if less than
15two-thirds of the members are present, a unanimous vote of those
16members present, that there is a need to take immediate action and
17that the need for action came to the attention of the local agency
18subsequent to the agenda being posted as specified in subdivision
19(a).

20(3) The item was posted pursuant to subdivision (a) for a prior
21meeting of the legislative body occurring not more than five
22calendar days prior to the date action is taken on the item, and at
23the prior meeting the item was continued to the meeting at which
24action is being taken.

25(c) This section is necessary to implement and reasonably within
26the scope of paragraph (1) of subdivision (b) of Section 3 of Article
27I of the California Constitution.

28(d) For purposes of subdivision (a), the requirement that the
29agenda be posted on the local agency’s Internet Web site, if the
30local agency has one, shall only apply to a legislative body that
31meets either of the following standards:

32(1) A legislative body as that term is defined by subdivision (a)
33of Section 54952.

34(2) A legislative body as that term is defined by subdivision (b)
35of Section 54952, if the members of the legislative body are
36compensated for their appearance, and if one or more of the
37members of the legislative body are also members of a legislative
38body as that term is defined by subdivision (a) of Section 54952.

39

SEC. 2.  

The Legislature finds and declares that Section 1 of
40this act, which amends Section 54954.2 of the Government Code,
P6    1furthers, within the meaning of paragraph (7) of subdivision (b)
2of Section 3 of Article I of the California Constitution, the purposes
3of that constitutional section as it relates to the right of public
4access to the meetings of local public bodies or the writings of
5local public officials and local agencies. Pursuant to paragraph (7)
6of subdivision (b) of Section 3 of Article I of the California
7Constitution, the Legislature makes the following findings:

8It is in the public interest to ensure that members of the public
9can easily and quickly find and access meeting agendas on the
10Internet homepage of local agencies.

11

SEC. 3.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district under this act would result from a legislative mandate that
15is within the scope of paragraph (7) of subdivision (b) of Section
163 of Article I of the California Constitution.



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