AB 2658, as introduced, Maienschein. California Coastal Commission: ex parte communications: meetings.
The California Coastal Act of 1976, for purposes of the act, defines an “ex parte communication” as any oral or written communication between a member of the California Coastal Commission and an interested person about a matter within the commission’s jurisdiction, which does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter, but excludes from that definition any communication between a staff member acting in his or her official capacity and any commission member or interested person. The act prohibits a member of the commission and an interested person from conducting an ex parte communication, unless the member fully discloses and makes public the ex parte communication, as specified.
This bill would also make provisions prohibiting ex parte communications applicable to communications between a commission staff member and an interested party.
Existing law authorizes any person to testify at a hearing or other official proceeding of the commission and to submit written comments for the record on a matter before the commission.
This bill would require transcripts or audio recordings of those proceedings to be promptly posted on the commission’s Internet Web site to allow for public comment, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 30322 of the Public Resources Code is
2amended to read:
(a) For purposes of this article, except as provided in
4subdivision (b), an “ex parte communication” is any oral or written
5communication between a member of the commissionbegin insert or a member
6of the commission staffend insert and an interested person, about a matter
7within the commission’s jurisdiction, which does not occur in a
8public hearing, workshop, or other official proceeding, or on the
9official record of the proceeding on the matter.
10(b) The following communications are not ex parte
11communications:
12(1) Any communication between a staff member acting in his
13or her
official capacity and any commissionbegin delete member or interested begin insert member.end insert
14person.end delete
15(2) Any communication limited entirely to procedural issues,
16including, but not limited to, the hearing schedule, location, format,
17or filing date.
18 (3) Any communication which takes place on the record during
19an official proceeding of a state, regional, or local agency that
20involves a member of the commission who also serves as an official
21of that agency.
22 (4) Any communication between a member of the commission,
23with regard to any action of another state agency or of a regional
24or local agency of which the member is an official, and any other
25
official or employee of that agency, including any person who is
26acting as an attorney for the agency.
27(5) Any communication between a nonvoting commission
28member and a staff member of a state agency where both the
29commission member and the staff member are acting in an official
30capacity.
31(6) Any communication to a nonvoting commission member
32relating to an action pending before the commission, where the
P3 1nonvoting commission member does not participate in that action,
2either through written or verbal communication, on or off the
3record, with other members of the commission.
Section 30324 of the Public Resources Code is
5amended to read:
(a) No commissionbegin delete member,end deletebegin insert member or commission
7staff member,end insert nor any interested person, shall conduct an ex parte
8communication unless the commission memberbegin insert or commission
9staff memberend insert fully discloses and makes public the ex parte
10communication by providing a full report of the communication
11to the executive director within seven days after the communication
12or, if the communication occurs within seven days of the next
13commission hearing, to the commission on the record of the
14proceeding at that hearing.
15(b) (1) The commission shall adopt standard disclosure forms
16for reporting ex parte communications which shall include, but
17not be limited to, all of the following information:
18(A) The date, time, and location of the communication.
19(B) (i) The identity of the person or persons initiating and the
20person or persons receiving the communication.
21(ii) The identity of the person on whose behalf the
22communication was made.
23(iii) The identity of all persons present during the
24communication.
25(C) A complete, comprehensive description of the content of
26the ex parte communication, including a
complete set of all text
27and graphic material that was part of the communication.
28(2) The executive director shall place in the public record any
29report of an ex parte communication.
30(c) Communications shall cease to be ex parte communications
31when fully disclosed and placed in the commission’s official
32record.
Section 30325 of the Public Resources Code is
34amended to read:
begin insert(a)end insertbegin insert end insertNothing in this article prohibits any person or any
36interested person from testifying at a commission hearing,
37workshop, or other official proceeding, or from submitting written
38comments for the record on a matter before the commission.
39begin delete Writtenend delete
P4 1(b) Transcripts or audio recordings of all hearings, workshops,
2or other written proceedings shall be promptly posted on the
3commission’s Internet Web site to allow for public comment.
4begin insert(c)end insertbegin insert end insertbegin insertWrittenend insert comments shall be submitted by mail or delivered
5to a commission office, or may be delivered to the commission at
6the time and place of a scheduledbegin insert hearing or within 30 days after
7theend insert hearing.
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