AB 194, as amended, Campos. Open meetings: actions for violations.
The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act requires every agenda for a regular meeting or notice for a special meeting to provide an opportunity for members of the public to address the legislative body on items being considered by the legislative body, as specified. The act authorizes a district attorney or any interested party to seek a judicial determination that an action taken by a legislative body is null and void if the legislative body violated certain provisions of the act.
This bill would expand the authorization for a district attorney or interested party to seek a judicial determination that an action taken by a legislative body is null and void if the legislative body violated the requirement that every agenda for a regular meeting or notice for a special meeting provide an opportunity for members of the public to address the legislative body on items being considered, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 54960.1 of the Government Code is
2amended to read:
(a) The district attorney or any interested person may
4commence an action by mandamus or injunction for the purpose
5of obtaining a judicial determination that an action taken by a
6legislative body of a local agency in violation of Section 54953,
754954.2, 54954.3, 54954.5, 54954.6, 54956, or 54956.5 is null
8and void under this section. Nothing in this chapter shall be
9construed to prevent a legislative body from curing or correcting
10an action challenged pursuant to this section.
11(b) Prior to any action being commenced pursuant to subdivision
12(a), the district attorney or interested person shall make a demand
13of the legislative body to cure or
correct the action alleged to have
14been taken in violation of Section 54953, 54954.2, 54954.3,
1554954.5, 54954.6, 54956, or 54956.5. The demand shall be in
16writing and clearly describe the challenged action of the legislative
17body and nature of the alleged violation.
18(c) (1) The written demand shall be made within 90 days from
19the date the action was taken unless the action was taken in an
20open session but in violation of Section 54954.2, in which case
21the written demand shall be made within 30 days from the date
22the action was taken.
23(2) Within 30 days of receipt of the demand, the legislative body
24shall cure or correct the challenged action and inform the
25demanding party in writing of its actions to cure or correct or
26inform the demanding party in writing of its
decision not to cure
27or correct the challenged action.
28(3) If the legislative body takes no action within the 30-day
29period, the inaction shall be deemed a decision not to cure or
30correct the challenged action, and the 15-day period to commence
31the action described in subdivision (a) shall commence to run the
32day after the 30-day period to cure or correct expires.
33(4) Within 15 days of receipt of the written notice of the
34legislative body’s decision to cure or correct, or not to cure or
35correct, or within 15 days of the expiration of the 30-day period
P3 1to cure or correct, whichever is earlier, the demanding party shall
2be required to commence the action pursuant to subdivision (a) or
3thereafter be barred from commencing the action.
4(d) begin insert(1)end insertbegin insert end insert An action taken that is alleged to have been taken in
5violation of Section 54953, 54954.2, 54954.3, 54954.5, 54954.6,
654956, or 54956.5 shall not be determined to be null and void if
7any of the following conditions exist:
33 8(1)
end delete
9begin insert(A)end insert The action taken was in substantial compliance with Sections
1054953, 54954.2, 54954.3, 54954.5, 54954.6, 54956, and 54956.5.
35 11(2)
end delete
12begin insert(B)end insert The action taken was in connection with the sale or issuance
13of notes, bonds, or other evidences of indebtedness or any contract,
14instrument, or agreement thereto.
38 15(3)
end delete
16begin insert(C)end insert The action taken gave rise to a contractual obligation,
17including a contract let by competitive bid other than compensation
18for services in the form of salary or fees for professional services,
19upon which a party has, in good faith and without notice of a
20challenge to
the validity of the action, detrimentally relied.
3 21(4)
end delete
22begin insert(D)end insert The action taken was in connection with the collection of
23any tax.
5 24(5)
end delete
25begin insert(E)end insert Any person, city, city and county, county, district, or any
26agency or subdivision of the state alleging noncompliance with
27subdivision (a) of Section 54954.2,
Section 54956, or Section
2854956.5, because of any defect, error, irregularity, or omission in
29the notice given pursuant to those provisions, had actual notice of
30the item of business at least 72 hours prior to the meeting at which
31the action was taken, if the meeting was noticed pursuant to Section
3254954.2, or 24 hours prior to the meeting at which the action was
33taken if the meeting was noticed pursuant to Section 54956, or
34prior to the meeting at which the action was taken if the meeting
35is held pursuant to Section 54956.5.
36(2) With regard to an action that is alleged to have been taken
37in violation of Section 54954.3, this section shall not apply to any
38agenda item except the agenda item or items acted upon in
39violation of that section.
P4 1(e) During any action seeking a judicial determination pursuant
2to subdivision (a) if the court determines, pursuant to a showing
3by the legislative body that an action alleged to have been taken
4in violation of Section 54953, 54954.2, 54954.3, 54954.5, 54954.6,
554956, or 54956.5 has been cured or corrected by a subsequent
6action of the legislative body, the action filed pursuant to
7subdivision (a) shall be dismissed with prejudice.
8(f) The fact that a legislative body takes a subsequent action to
9cure or correct an action taken pursuant to this section shall not
10be construed or admissible as evidence of a violation of this
11chapter.
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