HomeMy WebLinkAboutLegislative Review - AB2782 (Benoit) - Public AgenciesCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW
COMMITTEE ACTION ON AB2782 (BENOIT) AT ITS MEETING OF
APRIL 27, 2004.
DATE: May 13, 2004
CONTENTS: AB2782 LANGUAGE
Recommendation:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of April 27, 2004, and direct staff to prepare a letter of support for the Mayor's
signature with regard to AB2782 (Benoit) relative to Public Agencies.
Executive Summary:
Passage of AB2782 would provide that a joint powers agency may include in its Joint
Powers Agreement provisions that authorize a member of the legislative body of the joint
powers agency, who is also a member of the legislative body of one of the local agencies
comprising the joint powers agency, to disclose information obtained in a closed session.
Background:
Current law authorizes two or more public agencies, if authorized by their legislative
bodies, to enter an agreement to jointly exercise any power common to the two agencies.
The Ralph M. Brown Act requires that meetings of the legislative bodies of local agencies
be open and public, with specified exceptions authorizing closed sessions for specified
purposes. AB2782 would provide that, notwithstanding any other provision of law, a joint
powers agency may include in its joint powers agreement provisions that authorize (1) any
member of the legislative body at the joint powers agency, who is also a member of the.
legislative body of one of the local agencies comprising the joint powers agency, to
disclose information obtained in a closed session of the joint powers agency to other
members of the legislative body of the local agency in a closed session of that body or (2)
any designated alternate member of the joint powers agency to attend closed sessions of
the agency.
Because the City of Palm Desert strives, as it conducts its day-to-day business, to comply
with all pertinent open meeting laws in order to keep its residents informed of business that
ASSISTANT CITY MANA
AB2782 Public Agency
May 13, 2004
Page 2
relates to their quality of life, it supports the spirit of this bill and would officially support it
provided that modifications are made to the bill language which would exclude the ability to.
discuss personnel issues and that would add agencies under the Bagley -Keane Act.
Therefore, the Legislative Review Committee recommends that the City Council support
AB2782 provided the requested modifications are made to the bill language and direct staff
to prepare a letter stating that position to the appropriate Legislators for the Mayor's
signature.
PATRICIA SCULLY PAUL GIBSON
SENIOR MAN EM T A LYST DIRECTOR OF FINANCE/
CITY TREASURER
SHEILA R. GILLIG N /) CARLOS L. O'1"EGA
CITY MANAGER
March 22, 2004
Mayor Robert Spiegel
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Dear Mayor Spiegel:
Last year a mutual concern that we all shared was the inability to obtain sufficient
information to understand the issues facing SunLine. Our representatives were
prohibited by law from sharing confidential closed session JPA information to their
fellow council members. Indian Wells has been working with Assemblyman John
Benoit on this problem. He has introduced AB 2782 which will resolve the problems
we have in providing good governance of the JPAs that we created to solve mutual
problems.
We encourage your city to send a letter of support to John J. Benoit at the State
Assembly, State Capitol, Capitol Office, Room 4144, Sacramento, CA 94249-0064,
(916) 319-2064 and facsimile (916) 319-2164. For your convenience we have
drafted a support letter that you may use. We have also enclosed a copy of the bill.
Please call me If you have any questions.
Sincerely,
Mary T. Roche
Mayor
Enclosures (2)
Received Apr-08-04 0Z:47pm
From-1 760 346 0407 To -PALM DESERT CITY CLE Page 0Z
AB 2782 Assembly Bill - INTRODUCED
Page 1 of 1
BILL NUMBER: AB 2782 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Benoit
FEBRUARY 20, 2004
An act to add Section 54957.11 to the Government Code, relating to
public agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 2782, as introduced, Benoit. Public agencies: joint powers
agencies: meetings.
Existing law authorizes two or more public agencies, if authorized
by their legislative bodies, to enter an agreement to jointly
exercise any power common to the two agencies. The Ralph M. Brown
Act requires that meetings of the legislative body of a local agency
be open and public, with specified exceptions authorizing closed
sessions for specified purposes.
This bill would provide that, notwithstanding any other provision
of law, a joint powers agency may include in its joint powers
agreement provisions that authorize (1) any member of the legislative
body of the joint powers agency who is also a member of the
legislative body of one of the local agencies comprising the joint
powers agency to disclose information obtained in a closed session of
the joint powers agency to other members of the legislative body of
the local agency in a closed session of that body, or (2) any
designated alternate member of the joint powers agency to attend
closed sessions of the agency.
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 54957.11 is added to the Government Code, to
read:
54957.11. Notwithstanding any other provision of law, a joint
powers agency may include in its joint powers agreement provisions
that authorize either or both of the following:
(a) Any member of the legislative body of the joint powers agency
who is also a member of the legislative body of one of the local
agencies comprising the joint powers agency to disclose information
obtained in a closed session of the joint powers agency to other
members of the legislative body of the local agency in a closed
session of that body.
(b) Any designated alternate member of the joint powers agency to
attend closed sessions of the joint powers agency.
http://info.sen.ca.gov/pub/bill/asm/ab 2751-2800/ab 2782 bill 20040220 introduced.html 4/14/2004
_ J4 1J•41= 1.1 1 1 i. r 1I'VJLMIN WGL67
The Honorable John 3. Benoit
The State Assembly, State Capitol
Capitol Office, Room 4144
Sacramento, CA 94249-0064
RE: A6 2782
Dear Mr. Benoit: •
Nine Coachella Valleycities and the County of Riverside formed the SunUne Transit
joint powers agency (,JPA) to provide public transportation services to over 255,000
citizens_ . Later a related joint powers agency was created to provide taxicab
regulation, PM110 dust mitigation and street sweeping. Although each city and the
county appoints a representative to SunLine governing board, last year we discovered
a serious problem in our ability to receive and discuss the important public issues
involving this JPA.
Last year a series of newspaper reports revealed problems that called into question
whether these two JPAs would be able to continue providing the important public
services they were formed to deliver. The reported SunLine troubles included
submitting false documents to receive State and Federal grants, financial shortfalls
covered by illegal transfers, conflict of interest allegations involving the SunLine
general manager, threats of lawsuits from taxi cab owners, contract violations and
atJdit irregularities. The two top SunLine officials, the general manager and the chief
financial officer, were placed on administrative leave pending investigation. Transit
funding was frozen pending a separate independent audit by the Riverside
Transportation Commission.
The problem we faced was that the only information available to public officials was
news reports. The JPA board members were advised disclosure of information to any
other public official was a violation of the law.
We have been frustrated and impeded in our obligation to adequately supervise and
direct the joint powers agencies we have created. AB 2782 is needed to correct an
improper restriction on the information elected officials require to provide good
governance.
Sincerely,
Received Apr-08-04 02:47pm
From-1 760 346 0407 To —PALM DESERT CITY CLE Page 03
'Wimbish, Lori
From: Greg Johnson [gjohnson@cityofindianwells.org]
Sent: Thursday, April 22, 2004 2:46 PM
To: Wimbish, Lori
Subject: RE: AB 2782 support
Please keep in mind that the committee will be meeting in Sacramento on Wednesday. Palm
Desert will need to email a support letter early next week to be effective. I believe
your lobbyist is up to speed on this bill.
Thanks for your help.
Greg Johnson
City Manager
(760) 776-0222 voice
(760) 346-0407 fax
Original Message
From: lwimbish@ci.palm-desert.ca.us
[mailto:lwimbish@ci.palm-desert.ca.us]
Sent: Thursday, April 22, 2004 3:30 PM
To: Greg Johnson
Subject: RE: AB 2782 support
Greg:
Thank you. I will print it and give to Pat when she returns on Monday.
Lori
Original Message
From: Greg Johnson [mailto:gjohnson@cityofindianwells.org]
Sent: Thursday, April 22, 2004 2:16 PM
To: Wimbish, Lori
Subject: FW: AB 2782 support
Lori:
Attached is the letter of support from the League
Greg Johnson.
City Manager
City of Indian Wells
(760) 776-0222 voice
(760) 346-0407 fax
Original Message
> From: Amy Brown [mailto:BROWNA@cacities.org]
> Sent: Wednesday, April 21, 2004 11:09 AM
> To: Greg Johnson
> Subject: AB 2782
> > «AB 2782 support.doc»
1
LEAGUE
OF CALI FO1tN lA
CITIES
April 21, 2004
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
The Honorable John Benoit
State Capitol, Room 4144
Sacramento, CA 95814
RE: AB 2782 (Benoit). Public Agencies. Joint Powers Agencies. Meetings
Hearing Date: April 28, 2004--- Assembly Local Government Committee
Notice of Support
Dear Assembly Member Benoit:
The League of California Cities supports AB 2782, which will provide that a joint powers agency
may authorize any member of the legislative body of the joint powers agency, who is also a
member of the legislative body of one of the local agencies comprising the joint powers agency,
to disclose information obtained in a closed session of the joint powers agency to other members
of the legislative body of the local agency in a closed session of that body.
When forming Joint Powers Agencies (JPAs), cities commonly provide that a board, appointed
by the creating cities, governs the agency. However, this method of providing supervision and
oversight over the JPA is frustrated by Attorney General rulings that prevent JPA board members
from sharing confidential JPA information with their city council members. The result is that
cities are impeded in their obligation to adequately supervise and direct the joint powers agencies
they have created.
AB 2782 will ensure that elected officials are permitted access to information necessary to be
kept fully informed on decisions they will be called upon to decide.
For these reasons, the League supports AB 2782. If you have any questions regarding the
League's position on this bill, please contact me at 916/658-8279.
Sincerely,
Amy Brown
Legislative Representative
Cc: Chair and Members, Assembly Local Government Committee
Katie Dokken, Consultant, Assembly Local Government Committee
William Weber, Consultant, Assembly Republican Caucus