Amended in Senate August 20, 2014

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 an 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 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 authorizes the legislative body to adopt reasonable regulations to ensure that the intent of these provisions are 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 instead require the agenda for a regular begin insert and special end insert meeting to provide an opportunity for begin delete members of end delete 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, begin insert except end insert as specified. This bill would expand the existing prohibition against a legislative body limiting public criticism to include criticism of the officers and employees of the legislative body, and specify other designated prohibited activities related to limiting public comment. 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.

begin insert

This bill would incorporate additional changes to Section 54954.3 of the Government Code proposed by AB 1330 that would become operative if this bill and AB 1330 are both chaptered and this bill is chaptered last.

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 begin delete members of end delete 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, 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 begin delete members of end delete 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 begin delete members of end delete the public to directly address the legislative body
concerning any item that has been described in the notice for the
meeting before begin delete or end delete begin insert and end insert 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, and the procedure for public
comment on agenda items.

(c) (1) Subject to reasonable regulations promulgated pursuant
to subdivision (b), the legislative body of a local agency, or its
presiding officer or staff, acting in their official capacity on behalf
of the legislative body, 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
body or its officers or employees acting in their official capacity.

(B) Comment by a member of the public during presentation
of an agenda item who has not provided notice of his or her desire
to comment prior to consideration of the agenda item by the
legislative body.

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

(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.

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

begin insert

begin insert SEC. 2. 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 begin delete members of end delete 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 begin delete members of end delete 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 begin delete members of end delete the public to directly address the legislative body
concerning any item that has been described in the notice for the
meeting before begin delete or end delete begin insert and end insert 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 end insert begin insert speaker, and the procedure for
public comment on agenda items. end insert

begin delete

(c) The legislative body of a local agency shall not prohibit
public criticism of the policies, procedures, programs, or services
of the agency, or of the acts or omissions of the legislative body.
Nothing in this subdivision shall confer any privilege or protection
for expression beyond that otherwise provided by law.

end delete begin insert

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

end insert begin insert

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

end insert begin insert

(B) Comment by a member of the public during presentation of
an agenda item who has not provided notice of his or her desire
to comment prior to consideration of the agenda item by the
legislative body.

end insert begin insert

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

end insert 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 insert

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

end insert begin insert

(d) (1) To ensure that a non-English speaker who uses a
translator receives the same opportunity to directly address the
legislative body of a local agency as a speaker who does not use
a translator, notwithstanding subdivision (b), if that body limits
time for public comment, the time used by a translator to translate
a non-English speaker’s comments into English shall not count
toward the speaker’s allotted time.

end insert begin insert

(2) Paragraph (1) shall not apply if the legislative body of a
local agency utilizes simultaneous translation equipment in a
manner that allows that body to hear the translated public
testimony simultaneously.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

Section 2 of this bill incorporates amendments to
Section 54954.3 of the Government Code proposed by both this
bill and Assembly Bill 1330. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 54954.3 of the Government
Code, and (3) this bill is enacted after Assembly Bill 1330, in which
case Section 1 of this bill shall not become operative.

end insert