BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1736|
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THIRD READING
Bill No: AB 1736
Author: Smyth (R)
Amended: 6/18/12 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 6-0, 6/13/12
AYES: Wolk, DeSaulnier, Fuller, Hernandez, La Malfa, Liu
NO VOTE RECORDED: Dutton, Kehoe
ASSEMBLY FLOOR : 64-3, 4/26/12 - See last page for vote
SUBJECT : Local government: open meetings
SOURCE : Los Angeles County Board of Supervisors
DIGEST : This bill includes the Governor, and his/her
staff with direct expertise or authority on the subject
matter under discussion, and other specified individuals in
the list of individuals and agencies with which a
legislative body may meet in closed session pursuant to the
'public security' exemption of the state's open meetings
law. Requires local agencies to include in their notice
for closed meetings on public security, the names and
affiliations of persons involved who are not members of the
local board or their staff.
ANALYSIS :
Existing law:
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1. Requires, under the Ralph M. Brown Act (Brown Act), each
legislative body of a local agency to provide the time
and place for holding regular meetings and requires that
all meetings of a legislative body be open and public
and all persons be permitted to attend unless a closed
session is authorized.
2. Defines, for purposes of the Brown Act, a meeting to
mean any congregation of a majority of the members of a
legislative body at the same time and location,
including teleconference, to hear, discuss, deliberate,
or take action on any item that is within the subject
matter jurisdiction of the legislative body.
3. Requires, at least 72 hours before a regular meeting,
the legislative body of the local agency, or its
designee, to 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.
4. Authorizes a legislative body of a local agency to meet
in closed session for specified matters related to
litigation, real estate negotiations, personnel issues,
labor negotiations, certain disciplinary matters related
to schools, grand jury testimony, license applicants
with criminal histories, multi-jurisdictional drug
cases, hospital peer reviews and related trade secrets,
and threats to public security.
5. Authorizes the legislative body to hold closed sessions
with the Attorney General, district attorney, agency
counsel, sheriff, or chief of police, or their
respective deputies, or a security consultant or a
security operations manager, on matters posing a threat
to the security of public buildings, a threat to the
security of essential public services, including water,
drinking water, wastewater treatment, natural gas
service, and electric service, or a threat to the
public's right of access to public services or public
facilities.
This bill:
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1. Includes in the list of individuals and agencies with
which, under the Brown Act, the legislative body may
meet in closed session on matters posing a threat to the
security of public buildings, services and facilities,
and public access thereto:
A. The Governor and his/her staff with direct
expertise or authority on the subject matter under
discussion.
B. The Secretary of California Emergency
Management or it successor agency, or his/her
deputies.
C. The adjutant General of the California National
Guard or his/her deputes, chief of staff or Joint
Operations Director.
D. The Commissioner of the California Highway
Patrol or his/her deputies.
E. The State Public Health Officer, or his/her
deputies.
2. Revises the "safe harbor" agenda description related to
meetings closed to the public because of a threat to
public services or facilities to include meetings with
the Governor.
3. Makes legislative findings and declarations relative to
the public's right to have access to the meetings of
public bodies and the necessity of this bill to the
health and safety of the people of California.
4. Makes other clarifying and non-substantive amendments.
Comments
This bill expands the authority of legislative bodies to
conduct closed sessions under the 'public security'
exception to the Brown Act by adding the Governor, the
Secretary of California Emergency Management, the Adjutant
General of the California National Guard, the Commission of
the California Highway Patrol, and the State Public Health
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Officer to the list of individuals and agencies with which
the body may meet in closed session to discuss matters
posing a threat to public buildings, services, utilities,
or the public's right of access thereto.
The Brown Act generally requires the meetings of local
governments' legislative bodies to be "open and public,"
thereby ensuring people's access to information so that
they may retain control over the public agencies that serve
them. The Brown Act applies to general law cities and
counties as well as to charter cities and counties.
Pursuant to the Brown Act, private discussions among a
majority of a legislative body are prohibited, unless
expressly authorized under the Brown Act. Closed session
items must be briefly described on the posted agenda and
the description must state the specific statutory
exemption. The agenda must include reference to the
authority for holding the closed session, and the body must
make a public announcement prior to the closed session
discussion. Following a closed session, the legislative
body must provide an oral or written report on certain
actions taken and the vote of every elected member present.
Legislative bodies are authorized to meet in closed
sessions only for specified reasons related to litigation,
real estate negotiations, personnel issues, labor
negotiations, certain disciplinary matters related to
schools, grand jury testimony, license applicants with
criminal histories, multi-jurisdictional drug cases,
hospital peer reviews and related trade secrets, and
threats to public security.
The 'public security' exemption permits the legislative
body to hold closed sessions with "the Attorney General,
district attorney, agency counsel, sheriff, or chief of
police, or their respective deputies, or a security
consultant or a security operations manager, on matters
posing a threat to the security of public buildings, a
threat to the security of essential public services,
including water, drinking water, wastewater treatment,
natural gas service, and electric service, or a threat to
the public's right of access to public services or public
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facilities." This bill adds the Governor to the list of
individuals and agencies with which the body may meet.
Related Legislation
SB 1003 (Yee) amends the Brown Act to specify that a
district attorney or any interested person may commence an
action by mandamus, injunction, or declaratory relief to
determine whether the Brown Act applies to a local
legislative body's past actions, as well as threatened
future actions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/19/12)
Los Angeles County Board of Supervisors (source)
OPPOSITION : (Verified 6/19/12)
American Federation of State, County and Municipal
Employees
California Aware
ASSEMBLY FLOOR : 64-3, 4/26/12
AYES: Achadjian, Alejo, Allen, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Butler, Charles Calderon, Carter, Chesbro,
Conway, Cook, Davis, Dickinson, Eng, Fletcher, Fuentes,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Hayashi, Roger Hern�ndez,
Hill, Huber, Huffman, Jeffries, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Mitchell, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Silva, Smyth, Solorio, Swanson, Torres,
Valadao, Wagner, Williams, John A. P�rez
NOES: Ammiano, Feuer, Skinner
NO VOTE RECORDED: Buchanan, Campos, Cedillo, Donnelly,
Fong, Furutani, Harkey, Hueso, Jones, Mansoor,
Portantino, Wieckowski, Yamada
AGB:d 6/20/12 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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