BILL ANALYSIS �
AB 2058
Page 1
Date of Hearing: April 2, 2014
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 2058 (Wilk) - As Introduced: February 20, 2014
SUBJECT : Open meetings.
SUMMARY : Modifies the definition of "state body" to clarify
that standing committees, even if composed of less than three
members, are a "state body" for the purposes of the Bagley-Keene
Open Meeting Act (Act). Specifically, this bill :
1)Clarifies that advisory bodies created to consist of fewer
than three individuals are not a state body, except that
standing committees of a state body, irrespective of their
composition, which have a continuing subject matter
jurisdiction, or a meeting schedule fixed by resolution,
policies, bylaws, or formal action of a state body are state
bodies for the purposes of the Bagley-Keene Open Meeting Act.
2)Makes various legislative findings.
EXISTING LAW
1)The Act generally requires that all meetings of a state body
be open and public and that all persons be permitted to attend
and participate in any meeting of a state body.
2)Defines a "state body" as each of the following:
a) Every state board, or commission, or similar multimember
body of the state that is created by statute or required by
law to conduct official meetings and every commission
created by executive order.
b) A board, commission, committee, or similar multimember
body that exercises any authority of a state body delegated
to it by that state body.
c) An advisory board, advisory commission, advisory
committee, advisory subcommittee, or similar multimember
advisory body of a state body, if created by formal action
of the state body or of any member of the state body, and
if the advisory body so created consists of three or more
AB 2058
Page 2
persons.
d) A board, commission, committee, or similar multimember
body on which a member of a body that is a state body
pursuant to this sections serves in his or her official
capacity as a representative of that state body and that is
supported, in whole or in part, by funds provided by the
state body, whether the multimember body is organized and
operated by the state body or by a private corporation.
3)Generally requires, under the Ralph M. Brown Act, that all
meetings of a local government body be open and public and
that all persons be permitted to attend and participate in any
meeting.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, current law
contains two parallel open meeting statutes; the Brown Act for
local governments and the Bagley-Keene Act for state government.
Prior to 1993, the Brown Act contained language very similar to
the current language in the Bagley-Keene Act regarding standing
committees. However, in the 1990's when a local government
entity attempted to claim a loophole existed for two-member
standing committees, the legislature promptly removed any
ambiguity on the matter of the Brown Act. However, a conforming
change was not made, to the Bagley-Keene Act, as no change was
thought necessary.
The ambiguity left in the Bagley-Keene Act is allowing state
bodies to deliberate and direct staff behind closed doors.
These state agencies are allowing standing committees to
interpret the language of the Bagley-Keene Act in a manner that
is contrary to the intent of the Legislature and the public;
government at all levels must conduct its business visibly and
transparently.
AB 2058 would align the definitions in the Bagley-Keene Act to
those in the Brown Act, making the clarifying change in the
Bagley-Keene Act that the Legislature made to the Brown Act in
1993. In addition, the bill would make it definite that all
standing committees are subject to the transparency of open
meeting regulations, regardless of the size of the membership.
AB 2058
Page 3
Bagley-Keene Act : When the Legislature enacted the Bagley-Keene
Act of 1967 it essentially said that when a body sits down to
develop its consensus, there needs to be a seat at the table
reserved for the public. In doing so, the Legislature has
provided the public with the ability to monitor and be part of
the decision-making process. The Act explicitly mandates open
meetings for California State agencies, boards, and commissions.
The Act facilitates transparency of government activities and
protects the rights of citizens to participate in state
government deliberations. Therefore, absent a specific reason
to keep the public out of meetings, the public should be allowed
to monitor and participate in the decision-making process.
Similarly, the California's Brown Act of 1953 protects citizen's
rights to open meetings at the local and county government
levels.
Similar language in the Brown Act : As discussed above, the Brown
Act currently contains language that is very similar to the
language found in AB 2058 (Wilk). The Brown Act defines a
"legislative body" as a:
A commission, committee, board, or other body of a local
agency, whether permanent or temporary, decisionmaking or
advisory, created by charter, ordinance, resolution, or
formal action of a legislative body. However, advisory
committee, composed solely of the members of the
legislative body that are less than a quorum of the
legislative bodies, except that standing committees of a
legislative body, irrespective of their composition, which
have a continuing subject matter jurisdiction, or a meeting
schedule fixed by charter, ordinance, resolution, or formal
action of a legislative boy are legislative bodies for
purposes of this chapter. (CA Government Code Section
54952, subdivision (b))
As the above language shows, local governments are currently
abiding by regulations that AB 2058 (Wilk) is currently trying
to apply to state bodies. AB 2058 (Wilk) would, in simple terms,
simply align the definitions of a "state body" in the
Bagley-Keene Act to the definitions of a "legislative body" in
the Brown Act.
Arguments in opposition : The California Board of Accountancy
(CBA) writes in opposition of the bill stating that AB 2058
AB 2058
Page 4
would prevent the CBA, and all of its various committees, from
asking fewer than three members to review a document, draft a
letter, provide expert analysis, or work on legal language
without giving public notice. Under current law, the advisory
activities of these one or two members are already vetted and
voted upon in a publically noticed meeting of the whole
committee or board. This bill would prevent the CBA, and all of
its various committees, from asking fewer than three members to
review a document, draft a letter, provide expert analysis, or
work on legal language without giving public notice.
In Addition, CBA states that making advisory activities of one
or two members open to the public will greatly increase costs as
a staff member would need to travel to attend the meeting for
the purpose of recording minutes. Agencies would also need to
contract for meeting space that would be able to accommodate the
public, thus incurring further costs.
Prior Legislation : AB 245 (Grove), 2013-2014 Legislative
Session. Would have Subject the Western Climate Initiative,
Incorporated (WCI, Inc.), and its appointees to the Bagley-Keene
Open Meeting Act (Act) when performing their duties. (Held in
Assembly Governmental Organization Committee)
AB 527 (Gaines), 2013-2014 Legislative Sessions. Would have
repealed the exemption from the Bagley-Keene Open Meeting Act
(Bagley-Keene) enacted in 2012 for the Western Climate
Initiative (WCI, Inc.) and provided that a contract between the
state and WCI, Inc. shall be subject to audit by the State
Auditor. (Vetoed by the Governor)
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
California Board of Accountancy
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531
AB 2058
Page 5