BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2257


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2257 (Maienschein)


          As Amended  June 22, 2016


          Majority vote


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          |ASSEMBLY:  |77-0  |(May 23, 2016) |SENATE: |38-0  |(August 15,      |
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          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.








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          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:









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               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.










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            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  








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            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  








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            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