BILL NUMBER: AB 392 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member Alejo
FEBRUARY 14, 2011
An act to amend Sections 54954.2 and 54957.5 of the Government
Code, relating to public meetings.
LEGISLATIVE COUNSEL'S DIGEST
AB 392, as amended, Alejo. Ralph M. Brown Act: posting agendas.
(1) Existing law, the Ralph M. Brown Act, requires the meetings of
the legislative body of a local agency to be conducted openly and
publicly, with specified exceptions. Existing law requires that the
legislative body of a local agency post an agenda, as specified, at
least 72 hours before a regular meeting of that body, and prohibits
the legislative body from acting on or discussing any item not
appearing on the agenda, except as provided.
Existing law requires that agendas of public meetings and any
other writings, when distributed to all, or a majority of all, of the
members of the legislative body of a local agency in connection with
a matter subject to discussion or consideration at an open meeting
of the body, are disclosable public records under the California
Public Records Act. Existing law establishes a procedure for the
disclosure of any writings that are distributed less than 72 hours
prior to the meeting.
This bill would additionally require the legislative body
of the local agency, at least 72 hours before a regular meeting of
that body, to post the writings that relate to an agenda item for the
open session of that regular meeting. This bill would
require the legislative body of a local agency to post the
agenda and the writings specified staff
generated reports that relate to items on the agenda
on its Internet Web site, if any, as specified. The bill would
require the legislative body of the local agency, if it does not have
an Internet Web site, to disclose on the posted agenda a public
location where the agency would make an applicabl e staff
generated report available for copying and inspection by a member of
the public for at least 72 hours prior to the meeting. The bill
would repeal the procedure for the disclosure of any
writings that are distributed less than 72 hours prior to the meeting
and would instead prohibit the legislative body from
acting on or discussing an item on the agenda for which a related
writing staff generated report was not
properly disclosed at least 72 hours prior to the meeting, except as
provided. By expanding the duties of local agencies, this bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54954.2 of the Government Code is amended to
read:
54954.2. (a) (1) (A) At least 72 hours
before a regular meeting, the legislative body of the local agency,
or its designee, shall post an agenda containing a brief general
description of each item of business to be transacted or discussed at
the meeting, including items to be discussed in closed
session, and shall post any writing, as described in subdivision (a)
of Section 54957.5, that relates to an agenda item for the open
session of that regular meeting of the legislative body of the local
agency. session. A brief general description of
an item generally need not exceed 20 words. The agenda shall specify
the time and location of the regular meeting and shall be
posted, along with the writings in a manner that makes it clear to
which agenda items the writings relate, on the local agency's
posted on the local agency's Internet Web site,
if any, and in a location that is freely accessible to members of the
public. Each local agency shall list the address of the publicly
accessible location on the agendas for all meetings of the
legislative body of that agency. If requested, the agenda or
writing an applicable staff generated
report described in subparagraph (B), shall be made available
in appropriate alternative formats to persons with a disability, as
required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
adopted in implementation thereof. The agenda shall include
information regarding how, to whom, and when a request for disability
related modification or accommodation, including auxiliary aids or
services may be made by a person with a disability who requires a
modification or accommodation in order to participate in the public
meeting.
(B) In addition to the requirements of subparagraph (A), at least
72 hours before a regular meeting, the legislative body of the local
agency, or its designee, shall post on its Internet Web site, if any,
any staff generated report that is a writing, as described in
subdivision (a) of Section 54957.5, and that relates to an agenda
item for an open session of the regular meeting of a legislative body
of a local agency. The agency shall post the meeting agenda and the
applicable staff generated reports on the Internet Web site, if any,
in a manner that makes it clear to which agenda item a staff
generated report relates. If the local agency does not have an
Internet Web site, then the posted agenda shall disclose a public
location where the agency shall make any applicable staff generated
report available for copying and inspection by a member of the public
for at least 72 hours prior to the meeting.
(2) No action or discussion shall be undertaken on any item not
appearing on the posted agenda or any item for which a related
writing was not disclosed pursuant to subdivision (a)
staff generated report was not disclosed in the manner
described in this subdivision , except that members of a
legislative body or its staff may briefly respond to statements made
or questions posed by persons exercising their public testimony
rights under Section 54954.3. In addition, on their own initiative or
in response to questions posed by the public, a member of a
legislative body or its staff may ask a question for clarification,
make a brief announcement, or make a brief report on his or her own
activities. Furthermore, a member of a legislative body, or the body
itself, subject to rules or procedures of the legislative body, may
provide a reference to staff or other resources for factual
information, request staff to report back to the body at a subsequent
meeting concerning any matter, or take action to direct staff to
place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take
action on items of business not appearing on the posted agenda or
items for which a related writing was not disclosed pursuant
to staff generated report was not disclosed in the
manner described in subdivision (a), under any of the
conditions stated below. Prior to discussing any item pursuant to
this subdivision, the legislative body shall publicly identify the
item.
(1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.
(2) Upon a determination by a two-thirds vote of the members of
the legislative body present at the meeting, or, if less than
two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and
that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision
(a).
(3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five calendar
days prior to the date action is taken on the item, and at the prior
meeting the item was continued to the meeting at which action is
being taken.
(c) This section is necessary to implement and reasonably within
the scope of paragraph (1) of subdivision (b) of Section 3 of Article
I of the California Constitution.
SEC. 2. Section 54957.5 of the Government Code is amended to read:
54957.5. (a) Notwithstanding Section 6255 or any other provisions
of law, agendas of public meetings and any other writings, when
distributed to all, or a majority of all, of the members of a
legislative body of a local agency in connection with a matter
subject to discussion or consideration at an open meeting of the
body, are disclosable public records under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1), and shall be made available upon request without delay.
However, this section shall not include any writing exempt from
public disclosure under Section 6253.5, 6254, 6254.3, 6254.7,
6254.15, 6254.16, or 6254.22.
(b) (1) If a writing that is a public record under subdivision
(a), and that relates to an agenda item for an open session of a
regular meeting of the legislative body of a local agency, is
distributed less than 72 hours prior to that meeting, the writing
shall be made available for public inspection pursuant to paragraph
(2) at the time the writing is distributed to all, or a majority of
all, of the members of the body.
(2) A local agency shall make any writing described in paragraph
(1) available for public inspection at a public office or location
that the agency shall designate for this purpose. Each local agency
shall list the address of this office or location on the agendas for
all meetings of the legislative body of that agency. The local agency
also may post the writing on the local agency's Internet Web site in
a position and manner that makes it clear that the writing relates
to an agenda item for an upcoming meeting.
(c) Writings that are public records under subdivision (a) and
that are distributed during a public meeting shall be made available
for public inspection at the meeting if prepared by the local agency
or a member of its legislative body, or after the meeting if prepared
by some other person. These writings shall be made available in
appropriate alternative formats upon request by a person with a
disability, as required by Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal
rules and regulations adopted in implementation thereof.
(d) Compliance with subdivision (b) or (c) shall not be construed
to modify or eliminate the requirement, pursuant to Section 54954.2,
that no action or discussion be undertaken by the legislative body of
a local agency at a meeting on any item not appearing on the posted
agenda or for which a staff generated report was not properly
disclosed in the manner described in that section.
(b)
(e) Nothing in this chapter shall be construed to
prevent the legislative body of a local agency from charging a fee or
deposit for a copy of a public record pursuant to Section 6253,
except that no surcharge shall be imposed on persons with
disabilities in violation of Section 202 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal
rules and regulations adopted in implementation thereof.
(c)
(f) This section shall not be construed to limit or
delay the public's right to inspect or obtain a copy of any record
required to be disclosed under the requirements of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1). Nothing in this chapter shall be construed to
require a legislative body of a local agency to place any paid
advertisement or any other paid notice in any publication.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.