Amended in Senate July 1, 2014

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 54954.3 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 194, as amended, Campos. Open meetings: public criticism and comment.

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 begin delete every end delete begin insert an end insert agenda for a regular meeting begin delete or notice for a special meeting end delete to provide an opportunity for members of the public to begin insert directly end insert address the legislative body begin delete on items being considered by the legislative body, as specified, and end delete begin insert 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. The act excepts from this requirement an agenda 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, as specified. The act requires a notice for a special meeting to provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice before or during consideration of that item. The act end insert authorizes the legislative begin delete body, end delete begin insert body end insert to adopt reasonable regulations to ensure that the intent of begin delete this provision is end delete begin insert these provisions are end insert 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.

This bill would begin insert instead require the agenda for a regular meeting to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public before and during the legislative body’s consideration of the item, as specified. This bill would end insert expand the begin delete above end delete begin insert existing end insert prohibition begin delete 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 end delete begin insert against a legislative body limiting public criticism to include criticism of the officers and employees of the legislative body, and specify end insert other designated begin insert prohibited end insert activities related to begin insert limiting end insert public comment. begin insert This bill would, if a legislative body limits the time allocated for public testimony on a particular issue or for each individual speaker, prohibit a reduction in that allocated time by reason of the questioning or interruption of the speaker by the legislative body or its officers or employees, and the speaker’s response to questioning. 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:

SECTION 1.  

Section 54954.3 of the Government Code is
amended to read:

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 begin delete or end delete begin insert and end insert
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 begin delete speaker. end delete begin insert speaker end insert begin insert , and the procedure for
public comment on agenda items. end insert

(c) (1) Subject to begin insert reasonable regulations promulgated pursuant
to end insert subdivision (b), the legislative body of a local agency, or its
presiding officer or staff, begin insert acting end insert begin insert in their official capacity on behalf
of the legislative body, end insert shall not prohibit, limit, or otherwise prevent
any of the following:

(A) Public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the legislative
begin delete body. end delete begin insert body end insert begin insert or its officers or employees acting in their official
capacity. end insert

begin delete

(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 delete begin delete

(C)

end delete

begin insert (B) end insert  Comment by a member of the public during presentation of
begin delete the end delete begin insert an agenda end insert item who has begin delete failed to provide end delete begin insert not provided end insert notice
of his or her desire to comment begin delete at the beginning of the meeting. end delete
begin insert prior to consideration of the agenda item by the legislative body. end insert

begin delete

(D)

end delete

begin insert (C) end insert  Comment by a member of the public based on his or her
begin delete viewpoint. end delete begin insert viewpoint where the comment is within the subject
matter jurisdiction of the legislative body. end insert

begin delete

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

end delete begin insert

(2) If a legislative body limits the total amount of time allocated
for public testimony on a particular issue or for each individual
speaker, the questioning or interrupting of the speaker by the
legislative body, its officers or employees, and the speaker’s
response to questioning shall not reduce the total time allocated
for public testimony on the particular issue or allocated for an
individual speaker.

end insert begin delete

(2)

end delete

begin insert (3) end insert  This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise
provided by law.