Amended in Senate June 17, 2014

Amended in Assembly January 27, 2014

Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 194

Introduced by Assembly Member Campos

January 28, 2013

An act to amend Section begin delete 54960.1 end delete begin insert 54954.3 end insert of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 194, as amended, Campos. Open meetings: begin delete actions for violations. end delete begin insert public criticism and comment. end insert

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 begin delete 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. end delete begin insert specified, and authorizes the legislative body, to adopt reasonable regulations to ensure that the intent of this provision is carried out. Existing law forbids the legislative body from prohibiting public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. end insert

This bill would begin delete 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. end delete begin insert expand the above prohibition on the legislative body, to forbid the legislative body, and its presiding officer or staff, from prohibiting, limiting, or otherwise preventing public criticism, as described above, as well as certain other designated activities related to public comment. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 54954.3 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

54954.3.  

(a) Every agenda for regular meetings shall provide
an opportunity for members of the public to directly address the
legislative body on any item of interest to the public, before or
during the legislative body’s consideration of the item, that is
within the subject matter jurisdiction of the legislative body,
provided that no action shall be taken on any item not appearing
on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2. However, the agenda need not
provide an opportunity for members of the public to address the
legislative body on any item that has already been considered by
a committee, composed exclusively of members of the legislative
body, at a public meeting wherein all interested members of the
public were afforded the opportunity to address the committee on
the item, before or during the committee’s consideration of the
item, unless the item has been substantially changed since the
committee heard the item, as determined by the legislative body.
Every notice for a special meeting shall provide an opportunity
for members of the public to directly address the legislative body
concerning any item that has been described in the notice for the
meeting before or during consideration of that item.

(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual speaker.

(c)  begin delete The end delete begin insert (1) end insert begin insert   end insert begin insert Subject to subdivision (b), the end insert legislative body of a
local agency begin insert , or its presiding officer or staff, end insert shall not begin delete prohibit
public end delete begin insert prohibit, limit, or otherwise prevent any of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Public end insert criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the legislative
body. begin delete Nothing in this subdivision shall confer any privilege or
protection for expression beyond that otherwise provided by law. end delete

begin insert

(B) Comment by a member of the public on an item after the
introductory presentation has been made and before the body takes
action.

end insert begin insert

(C) Comment by a member of the public during presentation of
the item who has failed to provide notice of his or her desire to
comment at the beginning of the meeting.

end insert begin insert

(D) Comment by a member of the public based on his or her
viewpoint.

end insert begin insert

(E) A member of the public from using his or her allotted time
for comment by interrupting, questioning, or otherwise disrupting
the individual.

end insert begin insert

(2) This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise
provided by law.

end insert

begin delete

SECTION 1.  

Section 54960.1 of the Government Code is
amended to read:

54960.1.  

(a) The district attorney or any interested person may
commence an action by mandamus or injunction for the purpose
of obtaining a judicial determination that an action taken by a
legislative body of a local agency in violation of Section 54953,
54954.2, 54954.3, 54954.5, 54954.6, 54956, or 54956.5 is null
and void under this section. Nothing in this chapter shall be
construed to prevent a legislative body from curing or correcting
an action challenged pursuant to this section.

(b) Prior to any action being commenced pursuant to subdivision
(a), the district attorney or interested person shall make a demand
of the legislative body to cure or correct the action alleged to have
been taken in violation of Section 54953, 54954.2, 54954.3,
54954.5, 54954.6, 54956, or 54956.5. The demand shall be in
writing and clearly describe the challenged action of the legislative
body and nature of the alleged violation.

(c) (1) The written demand shall be made within 90 days from
the date the action was taken unless the action was taken in an
open session but in violation of Section 54954.2, in which case
the written demand shall be made within 30 days from the date
the action was taken.

(2) Within 30 days of receipt of the demand, the legislative body
shall cure or correct the challenged action and inform the
demanding party in writing of its actions to cure or correct or
inform the demanding party in writing of its decision not to cure
or correct the challenged action.

(3) If the legislative body takes no action within the 30-day
period, the inaction shall be deemed a decision not to cure or
correct the challenged action, and the 15-day period to commence
the action described in subdivision (a) shall commence to run the
day after the 30-day period to cure or correct expires.

(4) Within 15 days of receipt of the written notice of the
legislative body’s decision to cure or correct, or not to cure or
correct, or within 15 days of the expiration of the 30-day period
to cure or correct, whichever is earlier, the demanding party shall
be required to commence the action pursuant to subdivision (a) or
thereafter be barred from commencing the action.

(d) (1) An action taken that is alleged to have been taken in
violation of Section 54953, 54954.2, 54954.3, 54954.5, 54954.6,
54956, or 54956.5 shall not be determined to be null and void if
any of the following conditions exist:

(A) The action taken was in substantial compliance with
Sections 54953, 54954.2, 54954.3, 54954.5, 54954.6, 54956, and
54956.5.

(B) The action taken was in connection with the sale or issuance
of notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement thereto.

(C) The action taken gave rise to a contractual obligation,
including a contract let by competitive bid other than compensation
for services in the form of salary or fees for professional services,
upon which a party has, in good faith and without notice of a
challenge to the validity of the action, detrimentally relied.

(D) The action taken was in connection with the collection of
any tax.

(E) Any person, city, city and county, county, district, or any
agency or subdivision of the state alleging noncompliance with
subdivision (a) of Section 54954.2, Section 54956, or Section
54956.5, because of any defect, error, irregularity, or omission in
the notice given pursuant to those provisions, had actual notice of
the item of business at least 72 hours prior to the meeting at which
the action was taken, if the meeting was noticed pursuant to Section
54954.2, or 24 hours prior to the meeting at which the action was
taken if the meeting was noticed pursuant to Section 54956, or
prior to the meeting at which the action was taken if the meeting
is held pursuant to Section 54956.5.

(2) With regard to an action that is alleged to have been taken
in violation of Section 54954.3, this section shall not apply to any
agenda item except the agenda item or items acted upon in violation
of that section.

(e) During any action seeking a judicial determination pursuant
to subdivision (a) if the court determines, pursuant to a showing
by the legislative body that an action alleged to have been taken
in violation of Section 54953, 54954.2, 54954.3, 54954.5, 54954.6,
54956, or 54956.5 has been cured or corrected by a subsequent
action of the legislative body, the action filed pursuant to
subdivision (a) shall be dismissed with prejudice.

(f) The fact that a legislative body takes a subsequent action to
cure or correct an action taken pursuant to this section shall not
be construed or admissible as evidence of a violation of this
chapter.

end delete