BILL ANALYSIS Ó AB 2257 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2257 (Maienschein) As Amended June 22, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |77-0 |(May 23, 2016) |SENATE: |38-0 |(August 15, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: L. GOV. SUMMARY: Imposes additional requirements for online postings of agendas for the public meetings of specified local agency legislative bodies. The Senate amendments: 1)Specify that the provisions of this bill apply to the legislative bodies of a city, county, city and county, special district, school district, or political subdivision established the state. AB 2257 Page 2 2)Provide that the bill's provisions do 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)Make conforming and technical changes. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: 1)Bill Summary. This bill adds several requirements to the online posting of agendas for the public meetings of specified local agency legislative bodies. 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 (local agency) that has an Internet Web site (website), the following provisions shall apply: a) An online posting of an agenda shall be posted on the primary website homepage of a local agency that is accessible through a prominent, direct link to the current agenda, as specified; and, b) An online posting of an agenda must be posted in an open format that meets all of the following requirements: AB 2257 Page 3 i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications; ii) Platform independent and machine readable; and, iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. This bill provides an exemption from the above requirements for a local agency that has an integrated agenda management platform, if all of the following are met: a) A direct link to the integrated agenda management platform shall be posted on primary website site homepage of the local agency, as specified. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to a website with the agendas of the local agency; b) The integrated agenda management platform may contain the prior agendas of a local agency for all meetings occurring on or after January 1, 2019; c) The current agenda of the legislative body of the local agency shall be the first agenda available at the top of the integrated agenda management platform; and, d) All agendas posted in the integrated agenda management platform shall comply with the open format requirements of this bill. AB 2257 Page 4 This bill defines "integrated agenda management platform" to mean a website of a local agency dedicated to providing the entirety of the agenda information for the legislative body of the local agency to the public. The bill's provisions do not apply to a political subdivision of a local agency that was established by the legislative body of the local agency. This bill is sponsored by GrassrootsLab. 1)Author's Statement. According to the author, "Under the Ralph M. Brown Act, the legislative body of a local agency is required to post an agenda no less than 72 hours prior to a meeting. The agenda must be freely accessible to members of the public, in addition to being posted on the local agency's website, if they have one. The Ralph M. Brown Act was passed by the legislature in 1953 to ensure transparency and openness in local governing meetings. Since its original passage over 60 years ago, technology has changed significantly. These advances have thus lead to many needed updates to allow for continued and reasonable access to information by the public. "This legislation addresses two key deficiencies in current law; format and accessibility of online postings. Posting an agenda can mean many different things with respect to visibility and accessibility of the document. Many agendas are buried in agency websites or otherwise not intuitively navigable by a site visitor. Formatting may restrict the capacity for citizens to search for or access agenda information. ?AB 2257 will update the Ralph M. Brown Act by ensuring that meeting agendas are posted in a consistent, visible location on the homepage of the local agency's internet website. It specifies that it must be a prominent, direct link to the agenda and prevents the link being buried. Importantly, this bill also specifies that agendas be posted in a machine-readable format, meaning the documents can be indexed and searched by commonly used search engines and other tools." 3)Proposition 42. Proposition 42 was passed by voters on June 3, 2014, and requires all local governments to comply with the AB 2257 Page 5 California Public Records Act and the Ralph M. Brown Act and with any subsequent changes to those Acts. Proposition 42 also eliminated reimbursement to local agencies for costs of complying with the California Public Records Act and the Ralph M. Brown Act. This bill contains language that says that the Legislature finds and declares that Section 1 of the bill furthers the purpose of the California Constitution 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 the California Constitution Article I Section 3, subdivision b), paragraph 7) of the bill also includes a finding that says that "It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas on the Internet homepage of local agencies." Section 3 of the bill specifies that no reimbursement for local agencies to implement the bill's provisions is necessary because "the only costs that may be incurred by a local agency or school district?would result from a legislative mandate that is within the scope of paragraph 7) of subdivision b) of California Constitution Article I Section 3." 4)Arguments in Support. GrassrootsLab, sponsor of this measure, writes, "Agendas in cities, counties and special districts are frequently buried on agency websites and in formats that preempt indexing and common search techniques. While many jurisdictions offer subscription services to residents, the aggregate practice of online agenda posting is uneven and undermines resident access to the business of government. ?Placing the agendas on an (agency's) homepage requires no additional records be created and is a logical, intuitive place for residents to find the document. Requiring machine readability of the document is even more vital, as it will ensure the agendas are indexed by search engines and readable through a wide array of tools used in modern communication." 5)Arguments in Opposition. The California Special Districts AB 2257 Page 6 Association, in opposition, writes, "The requirements of AB 2257 micro-manage local agencies' website development and strip their local control by dictating specifically where each local agency posts its board and committee agendas. Many of our districts have made significant investments in developing the best design, layout, and functionality of their websites to best serve the needs of their constituents. ?The primary role of special districts is to provide services to the public. As such, our websites are typically designed to ensure the ease of access to those services. "AB 2257 (also) includes a mandate that an agenda be posted in a particular format that is retrievable, downloadable, indexable, electronically searchable and machine readable. ?This is an unnecessary mandate that places undue burdens on local agencies. ?This measure mandates significant changes to the current process without identifying a current lack of transparency by local agencies." Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003838