HomeMy WebLinkAboutAB 137 (Jeffries) - Open Meetings_ZSHEILA R.
H M. WOHLMUTH
ACM/COMMUNITY S CITMANAGER
REQUEST:
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 137 (JEFFRIES) AT ITS MEETING OF FEBRUARY 24, 2009
DATE: March 12, 2009
CONTENTS: AB 137 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of February 24, 2009, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB 137 (Jeffries) relative to open meetings.
BACKGROUND:
The Ralph M. Brown Act requires that all meetings of a Legislative body of a local agency be
open and public and all persons be permitted to attend. If passed, AB 137 would limit the
exclusion of non -noticed meetings from the Act to an advisory committee composed of
members of the Legislative body that are less than a quorum and the subject matter jurisdiction
has cumulatively lasted for two years or less. Because the City of Palm Desert has several
committees that are not noticed, but have elected members (maximum of two) participating,
passage of this bill would significantly change the manner in which these meetings are
conducted and would require recomposing these advisory bodies. The current provisions of the
Brown Act provide adequate regulation of open meeting law.
Therefore, the Legislative Review Committee recommends that the City Council oppose AB 137
and direct staff to prepare a letter stating that position to appropriate legislators a id co iimittee
for the Iyyor's signature.
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PATRICIA SCULLY, CrEE 7 PAUL GIBSON
SENIOR MANAGEMENT ANALYST DIRECTOR OF FINANCE/CITY TFEA-EARE °'
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State Net Bill Text
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2009 CA A 137
AUTHOR: Jeffries
VERSION: Introduced
VERSION DATE: 01/20/2009
ASSEMBLY BILL No. 137
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2009
An act to amend Section 54952 of the Government Code, relating to open meetings.
LEGISLATIVE COUNSEL'S DIGEST
AB 137, as introduced, Jeffries. Open meetings: advisory committees.
The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency
be open and public and all persons be permitted to attend unless a closed session is authorized. In
defining a legislative body for this purpose, the act excludes advisory committees composed solely of
the members of the legislative body that are less than a quorum of the legislative body.
This bill would limit this exclusion from the act to an advisory committee composed solely of the
members of the legislative body that are less than a quorum of the legislative body and whose subject
matter jurisdiction has cumulatively lasted for 2 years or less.
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 54952 of the Government Code is amended to read:
54952. As used in this chapter, "legislative body" means any of the following :
(a) The governing body of a local agency or any other local body created by state or federal statute.
(b) 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 committees, composed solely of the members of the legislative
body that are less than a quorum of the legislative body and whose subiect matter iurisdiction has
cumulatively lasted for two years or less, are not legislative bodies, except that standing committees of a
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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 body are
legislative bodies for purposes of this chapter.
(c) (1) A board, commission, committee, or other multimember body that governs a private
corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be
delegated by the elected governing body to a private corporation, limited liability company, or other
entity.
(B) Receives funds from a local agency and the membership of whose governing body includes a
member of the legislative body of the local agency appointed to that governing body as a full voting
member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other
multimember body that governs a private corporation, limited liability company, or other entity that
receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of
the local agency as a full voting member of the governing body of that private corporation, limited
liability company, or other entity shall be relieved from the public meeting requirements of this chapter
by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of
Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any
material authority of a legislative body of a local agency delegated to it by that legislative body whether
the lessee is organized and operated by the local agency or by a delegated authority.
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