BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 139
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 139 (Brownley)
          As Amended  January 14, 2010
          Majority vote 

           LOCAL GOVERNMENT    5-0                                         
           
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          |Ayes:|Caballero, Knight,        |     |                          |
          |     |Arambula, Davis, Skinner  |     |                          |
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           SUMMARY  :  Allows county boards of supervisors to hold one or  
          more regular meetings at a location outside of the county seat  
          so long as the location is within the county.  Specifically,  
           this bill  :

          1)Allows county boards of supervisors to hold one or more  
            regular meetings at a location outside of the county seat so  
            long as the location is within the county.

          2)Requires the change of location of the regular meeting be  
            adopted by ordinance, resolution, bylaws, or by whatever other  
            rule is required for the conduct of business by that body.

          3)Requires notice of the location change be posted no later than  
            the prior regular meeting of the board.

           EXISTING LAW  requires all counties to hold regular meetings of  
          the board of supervisors at the county seat.

           FISCAL EFFECT  :  None

           COMMENTS  :  The author states the County of Los Angeles (County)  
          is the largest county in the state with over 10 million  
          residents.  The geography of the County ranges from coastline to  
          the west, desert in the north, mountains in the east, and an  
          urbanized south.  On March 3, 2009, the board of supervisors  
          voted 5-0 to research the feasibility of holding board meetings  
          outside of the county seat, which is the City of Los Angeles.   
          The motion was adopted in an attempt to encourage increased  
          public participation at board meetings and facilitate greater  
          oversight of proceedings.  The motion specifically mentions the  
          desire to be able to hold budget meetings in other county  








                                                                  AB 139
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          communities, which would result in some increased costs.  The  
          motion also looked into the possibility of holding some regular  
          meetings in the evening, which also would result in increased  
          costs, principally for staff overtime.

          Government Code Section 25081 was added to the Political Code in  
          1907 as Section 4034 as part of the establishment of a uniform  
          system of county and township governments.  In 1947, Political  
          Code Section 4034 was reorganized into Section 20581 as part of  
          a large revision to the organization, operation, and maintenance  
          of a system of state and local government.  The language of  
          Section 25081 as it reads today is identical, minus some  
          grammatical restructuring, to the language of Section 4034 as  
          added in 1907.  There are a few court cases citing Section  
          25081, but these are merely citations and the cases do not  
          challenge the plain reading of the section.  It goes without  
          saying that what may have worked for counties and the holding of  
          regular board of supervisors meetings in 1907 might not hold  
          true for board of supervisors in 2010.  The board of supervisors  
          for the County holds its regular meetings in downtown Los  
          Angeles at 9:30 a.m.  While close to the Metro public  
          transportation line, traffic congestion at the time meetings are  
          held is phenomenal, making it potentially difficult for the  
          members of the public to attend.  Other counties might face  
          similar problems as well.  This bill gives flexibility to  
          counties to hold some regular meetings at a more convenient  
          location for their residents, thereby giving more opportunity  
          for public participation.

           
          Analysis Prepared by  :    Jennifer R. Klein / L. GOV. / (916)  
          319-3958

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