BILL NUMBER: AB 2257 CHAPTERED
BILL TEXT
CHAPTER 265
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2016
APPROVED BY GOVERNOR SEPTEMBER 9, 2016
PASSED THE SENATE AUGUST 15, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN SENATE JUNE 22, 2016
AMENDED IN ASSEMBLY MAY 11, 2016
AMENDED IN ASSEMBLY APRIL 25, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
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, Maienschein. Local agency meetings: agenda: online
posting.
(1) The Ralph M. Brown Act 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. The act further 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 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 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 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 from this requirement if it has an integrated agenda
management platform that meets specified requirements, including,
among others, that the current agenda is the first agenda available
at the top of the integrated agenda management platform. The bill
would authorize an integrated agenda management platform to include
prior meeting agendas, as specified. The bill would require any
agenda posted pursuant to these provisions to be in an open format
that meets specified requirements, including, among others, that the
agenda is platform independent and machine readable. The bill would
also define terms for these purposes.
(2) 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.
(3) 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.
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) For 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, the following provisions
shall apply:
(A) An online posting of an agenda shall be posted on the primary
Internet Web site homepage of a city, county, city and county,
special district, school district, or political subdivision
established by the state that is 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 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) 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 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
shall be posted on the primary Internet Web site homepage of a city,
county, city and county, special district, school district, or
political subdivision established by the state. 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
legislative body of a city, county, city and county, special
district, school district, or political subdivision established by
the state.
(ii) The integrated agenda management platform may contain the
prior agendas 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.
(iii) The current agenda of the legislative body of a city,
county, city and county, special district, school district, or
political subdivision established by the state shall be the first
agenda available at the top of the integrated agenda management
platform.
(iv) All agendas posted in the integrated agenda management
platform shall comply with the requirements in clauses (i), (ii), and
(iii) of subparagraph (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 city, county, city and county, special district, school
district, or political subdivision established by the state dedicated
to providing the entirety of the agenda information for the
legislative body of the city, county, city and county, special
district, school district, or political subdivision established by
the state to the public.
(ii) "Legislative body" has the same meaning as that term is used
in subdivision (a) of Section 54952.
(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.
(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 of legislative
bodies of specific local agencies on the Internet homepage of those
certain 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.