Amended in Senate June 22, 2016

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 Bill No. 2257

Introduced by Assembly Member Maienschein

(Coauthors: Assembly Members Brough, Chang, Cristina Garcia, 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.

begin delete

The

end delete

begin insert (1) end insert begin insert   end insert begin insert The end insert Ralph M. Brown Act begin delete enables the legislative body of a local agency to call both regular and special meetings. end delete begin insert requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. end insert The act begin insert further end insert 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 for begin delete the legislative body of a local agency, if the local agency has an Internet Web site, end delete begin insert a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site end insert to be posted on the local agency’s primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt begin delete a city, county, city and county, and special district end delete begin insert a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site end insert from this requirement if it has an integrated agenda management platform that meets specified requirements, begin delete including end delete begin insert including, among others, end insert that the current agenda begin delete of the legislative body of the local agency end delete is the first agenda available at the top of the integrated agenda management platform. begin insert The bill would authorize an integrated agenda management platform to include prior meeting agendas, as specified. end insert The bill would require begin delete an online posting of end delete any agenda begin delete by a local agency to be end delete posted begin insert pursuant to these provisions to be end insert in an open format that meets specified requirements, begin delete including end delete begin insert including, among others, end insert that the agenda is platform independent and machine readable. The bill would also define terms for these purposes. begin delete The bill would make these provisions applicable on and after January 1, 2019. end delete

begin delete

The

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begin insert (2) end insert begin insert   end insert begin insert The end insert 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.

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The

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begin insert (3) end insert begin insert   end insert begin insert The end insert 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.  

Section 54954.2 of the Government Code is
amended to read:

54954.2.  

(a) (1) At least 72 hours before a regular meeting,
the legislative body of the local agency, or its designee, shall post
an agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including
items to be discussed in closed session. A brief general description
of an item generally need not exceed 20 words. The agenda shall
specify the time and location of the regular meeting and shall be
posted in a location that is freely accessible to members of the
public and on the local agency’s Internet Web site, if the local
agency has one. If requested, the agenda shall be made available
in appropriate alternative formats to persons with a disability, as
required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
adopted in implementation thereof. The agenda shall include
information regarding how, to whom, and when a request for
disability-related modification or accommodation, including
auxiliary aids or services, may be made by a person with a
disability who requires a modification or accommodation in order
to participate in the public meeting.

(2)  begin delete On end delete begin insert For a meeting occurring on end insert and after January 1, 2019,
begin insert of a legislative body of a city, county, city and county, special
district, school district, or political subdivision established by the
state that has an Internet Web site, end insert the following provisions shall

begin delete apply if a local agency has an Internet Web site: end delete begin insert apply: end insert

(A) An online posting of an agenda begin delete for the legislative body of
a local agency end delete shall be posted on the begin delete local agency’s end delete primary
Internet Web site homepage begin insert of a city, county, city and county,
special district, school district, or political subdivision established
by the state that is end insert accessible through a prominent, direct link to
the current agenda. The direct link to the agenda shall not be in a
contextual menu; however, a link in addition to the direct link to
the agenda may be accessible through a contextual menu.

(B) An online posting of an agenda begin delete of any local agency, end delete
including, but not limited to, an agenda posted in an integrated
agenda management platform, shall be posted in an open format
that meets all of the following requirements:

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

(ii) Platform independent and machine readable.

(iii) Available to the public free of charge and without any
restriction that would impede the reuse or redistribution of the
agenda.

(C)  begin delete A city, county, city and county, or special district that has end delete
begin insert A legislative body of a city, county, city and county, special district,
school district, or political subdivision established by the state
that has an Internet Web site and end insert an integrated agenda management
platform shall not be required to comply with subparagraph (A)
if all of the following are met:

(i) A direct link to the integrated agenda management platform
begin delete is end delete begin insert shall be end insert posted on the begin delete local agency’s end delete primary Internet Web site
begin delete homepage. end delete begin insert homepage end insert begin insert of a city, county, city and county, special
district, school district, or political subdivision established by the
state. end insert The direct link to the integrated agenda management platform
shall not be in a contextual menu. When a person clicks on the
direct link to the integrated agenda management platform, the
direct link shall take the person directly to an Internet Web site
with the agendas of the begin delete local agency. end delete begin insert legislative body of a city,
county, city and county, special district, school district, or political
subdivision established by the state. end insert

(ii) The integrated agenda management platform begin delete contains all of end delete
begin insert may contain end insert the begin insert prior end insert agendas begin delete of the local agency. end delete begin insert of a legislative
body of a city, county, city and county, special district, school
district, or political subdivision established by the state for all
meetings occurring on or after January 1, 2019. end insert

(iii) The current agenda of the begin delete legislative body of the local
agency is end delete begin insert legislative body of a city, county, city and county, special
district, school district, or political subdivision established by the
state shall be end insert the first agenda available at the top of the integrated
agenda management platform.

(iv) All agendas posted in the integrated agenda management
platform begin insert shall end insert comply with the requirements in clauses (i), (ii),
and (iii) of begin delete Subparagraph end delete begin insert subparagraph end insert (B).

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

(i) “Integrated agenda management platform” means an Internet
Web site of a begin delete local agency end delete begin insert city, county, city and county, special
district, school district, or political subdivision established by the
state end insert dedicated to providing the entirety of the begin delete local agency’s end delete
agenda information begin insert for the legislative body of the city, county, city
and county, special district, school district, or political subdivision
established by the state end insert to the public.

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

begin insert

(E) The provisions of this paragraph shall not apply to a
political subdivision of a local agency that was established by the
legislative body of the city, county, city and county, special district,
school district, or political subdivision established by the state.

end insert

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

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

(1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.

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

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

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

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

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

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

SEC. 2.  

The Legislature finds and declares that Section 1 of
this act, which amends Section 54954.2 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:

It is in the public interest to ensure that members of the public
can easily and quickly find and access meeting agendas begin insert of
legislative bodies of specific local agencies end insert on the Internet
homepage of begin insert those certain end insert local agencies.

SEC. 3.  

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.