BILL ANALYSIS
AB 1494
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1494 (Eng) - As Amended: April 13, 2009
Policy Committee: Governmental
Organization Vote: 16 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill amends the Bagley-Keene Open Meetings Act's definition
of a "meeting" in order to conform to a recent court decision.
Specifically, this bill:
1)States that a majority of members of a state body shall not,
outside of a meeting, use a series of communications of any
kind, directly or through intermediaries, to discuss,
deliberate, or take action on any item of business that is
within the subject matter of the body.
2)Clarifies that an employee or official of a state agency can
engage in a separate conversation or communication with a
member of a legislative body in order to answer questions or
provide information regarding a matter under the agency's
jurisdiction, as long as that person does not communicate to
members of the legislative body the comments or position of
any other member or members.
FISCAL EFFECT
There are no significant costs associated with this legislation.
COMMENTS
1)Rationale . This bill is intended to close a loopehole in the
Bagley-Keene Act that allows for serial meetings to legally
take place. The loophole stems from a 2006 California
appellate court ruling in Wolfe v. City of Fremont (2006, 144
Cal. App. 4th 533) that declared a member who went to a
AB 1494
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majority of members in individual meetings to discuss a public
issue did not violate that serial meetings provision, unless
the communication actually resulted in a decision of the
board.
This bill prohibits a majority of members of a state body from
using a series of communications of any kind through group or
individual contact, directly or through intermediaries, to
discuss, deliberate, or take action on any item of business
that is within the subject matter of that state agency, board
or commission.
2)Bagley-Keene Open Meetings Act . The Bagley-Keene Open Meetings
Act provides the state's rules and regulations for open and
public meetings. The Bagley-Keene Act sets up the rules for
all state agencies, boards, and commissions on state meetings,
ensures they are open to the public, and establishes the
boundaries within which those entities operate.
Within the Bagley-Keene Act there are rules for avoiding
serial meetings. A serial meeting occurs when a majority of
members of a state agency, board or commission, through a
series of communications each involving less than a majority,
discuss, deliberate, or take action on a current or future
agenda item.
3)Related Legislation . SB 1732 (Romero; Chapter 63, Statutes of
2008) prohibits a majority of the members of a local
legislative body, outside of a meeting authorized by the Brown
Act, from using a series of communications of any kind,
directly or through intermediaries, to discuss, deliberate, or
take action on any item of business that is within the subject
matter jurisdiction of the legislative body.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081