HomeMy WebLinkAbout02 Senate Bill No. 751 Amendment to the Brown ActW
AGENDA REPORT ITEM #2
MEETING DATE: JANUARY 14, 2014
TO: PLANNING COMMISSION
FROM: ELIZABETH A. BINSACK, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: SENATE BILL NO. 751 AMENDMENT TO THE BROWN ACT
Senate Bill No. 751 has amended the Brown Act to require, effective January 1, 2014, that the "legislative
body of a local agency shall publicly report any action taken and the vote or abstention on that action of
each member present for the action." This bill adds to Government Code section 54953(c)(2) as a
clarification to the existing law to make certain that it is always possible to determine from the record who
voted yes, no, or abstained.
The Brown Act ensures that the public is aware of how the legislative body votes on all matters. In
situations where it is likely to be difficult to determine how a particular member voted, or whether a
member abstained, the legislative body may desire to conduct a roll call vote to ensure compliance with
Senate Bill No. 751. Further good practice is the inclusion of a vote tally, and any abstentions, as part of
the official minutes.
Accordingly, effective January 1, 2014, it is recominended that following each action by the Planning
Commission, the Chair summarize all votes verbally in compliance with Senate Bill No. 751.
Attachment: Senate Bill No. 751
Senate Bill No. 751
CHAPTER 257
An act to amend Section 54953 of the Government Code, relating to local
government.
[Approved by Govemor September 6, 2013. Filed with
Secretary of State September 6, 2013.]
LEGISLATIVE COUNSEL'S DIGEST
SB 751, Yee. Meetings: publication of action taken.
The Ralph M. Brown Act requires all meetings of the legislative body of
a local agency, as defined, to be open and public and prohibits the legislative
body from taking action by secret ballot, whether preliminary or final.
This bill would additionally require the legislative body of a local agency
to publicly report any action taken and the vote or abstention on that action
of each member present for the action, thereby imposing a state - mandated
local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 54953 of the Government Code is amended to
read:
54953. (a) All meetings of the legislative body of a local agency shall
be open and public, and all persons shall be permitted to attend any meeting
of the legislative body of a local agency, except as otherwise provided in
this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body
of a local agency may use teleconferencing for the benefit of the public and
the legislative body of a local agency in connection with any meeting or
proceeding authorized by law. The teleconferenced meeting or proceeding
shall comply with all requirements of this chapter and all otherwise
applicable provisions of law relating to a specific type of meeting or
proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all
purposes in connection with any meeting within the subject matter
jurisdiction of the legislative body. All votes taken during a teleconferenced
meeting shall be by rollcall.
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Ch. 257 —2—
(3) If the legislative body of a local agency elects to use teleconferencing,
it shall post agendas at all teleconference locations and conduct
teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties or the public appearing before the
legislative body of a local agency. Each teleconference location shall be
identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the
teleconference, at least a quorum of the members of the legislative body
shall participate from locations within the boundaries of the territory over
which the local agency exercises jurisdiction, except as provided in
subdivision (d). The agenda shall provide an opportunity for members of
the public to address the legislative body directly pursuant to Section 54954.3
at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting
of a legislative body, the members of which are in different locations,
connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agency from providing the
public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether
preliminary or final.
(2) The legislative body of a local agency shall publicly report any action
taken and the vote or abstention on that action of each member present for
the action.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph
(3) of subdivision (b), when a health authority conducts a teleconference
meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the
teleconference if at least 50 percent of the number of members that would
establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides
a teleconference number, and associated access codes, if any, that allows
any person to call in to participate in the meeting and that number and access
codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health
authority members from regularly meeting at a common physical site within
the jurisdiction of the authority or from using teleconference locations within
or near the jurisdiction of the authority. A teleconference meeting for which
a quorum is established pursuant to this subdivision shall be subject to all
other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity
created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36,
14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to
Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county sponsored health plan licensed pursuant to Chapter
94
-3— Ch. 257
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety
Code if the advisory committee has 12 or more members.
(4) This subdivision shall remain in effect only until January 1, 2018.
SEC. 2. No reimbursement is required by this act under Section 6 of
Article XIII B of the California Constitution because the only costs that
may be incurred by a local agency or school district under this act are the
costs of complying with Chapter 9 (commencing with Section 54950) of
Part 1 of Division 3 of Title 5 of the Government Code. Subdivision (c) of
Section 36 of Article XIII of the California Constitution provides that costs
of this type are not reimbursable.
CORRECTIONS:
Date —Page 1.
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