Bill Text: CA AB1228 | 2011-2012 | Regular Session | Amended
Bill Title: Public agencies: joint power authorities: meetings.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1228 Detail]
Download: California-2011-AB1228-Amended.html
BILL NUMBER: AB 1228 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Halderman
(Coauthors: Assembly Members Conway, Grove, and Valadao)
(Coauthors: Senators Berryhill and Fuller)
FEBRUARY 18, 2011
An act to amend repeal and add
Section 54956.96 of the Government Code, relating to public agencies.
LEGISLATIVE COUNSEL'S DIGEST
F AB 1228, as amended, Halderman. Public agencies: joint power
agencies: meetings. authorities: meetings.
The Joint Exercise of Powers Act authorizes two or more public
agencies, if each is authorized by their respective legislative
bodies, to enter into an agreement to jointly exercise any power
common to those two agencies.
The Ralph M. Brown Act requires that meetings of the legislative
body of a local agency, including a joint powers agency
authority , be open and public, with specified
exceptions authorizing closed sessions for specified purposes.
Existing law permits a joint powers agency to include in its joint
powers agreement provisions authorizing (1) any member of the
legislative body of a member local agency to disclose information
obtained during a closed session of the joint powers agency that has
direct financial or liability implications for that member local
agency to that agency's legal counsel or to other members of that
agency's legislative body, as specified, or (2) any designated
alternate member of the legislative body of the joint powers agency
that is also a member of the legislative body of a member local
agency, who is attending in lieu of that agency's regularly appointed
member, to attend closed sessions of the joint powers agency, as
specified.
This bill would additionally authorize a joint powers agency to
include in its joint powers agreement provisions authorizing (1) an
employee of a member local agency to disclose information obtained in
a closed session of the joint powers agency that has direct
financial or liability implications for that member local agency to
that agency's legal counsel or to other persons present in a closed
session of the legislative body of that agency, as specified, or (2)
any designated alternate member of the legislative body of the joint
powers agency who is also an employee of a member local agency, and
who is attending in lieu of that agency's regularly appointed member,
to attend a closed session of the joint powers agency, as specified.
F This bill would repeal and recast those provisions to additionally
authorize a joint powers agency to include in its joint powers
agreement provisions authorizing (1) any designated alternate member
who is attending in lieu of the appointed member to attend closed
sessions of the joint powers authority, or (2) any appointed or
designated alternate member of the local agency to disclose
information obtained during a closed session of the joint powers
authority that has direct financial or liability implications for
that member local agency to that agency's legal counsel, or to those
persons who are present in a closed session of that member local
agency.
This bill would also make various, nonsubstantive, conforming
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
F SECTION 1. Section 54956.96 of the
Government Code is repealed.
54956.96. (a) Nothing in this chapter shall be construed to
prevent the legislative body of a joint powers agency formed pursuant
to Article 1 (commencing with Section 6500) of Chapter 5 of Division
7 of Title 1, from adopting a policy or a bylaw or including in its
joint powers agreement provisions that authorize either or both of
the following:
(1) All information received by the legislative body of the local
agency member in a closed session related to the information
presented to the joint powers agency in closed session shall be
confidential. However, a member of the legislative body of a member
local agency may disclose information obtained in a closed session
that has direct financial or liability implications for that local
agency to the following individuals:
(A) Legal counsel of that member local agency for purposes of
obtaining advice on whether the matter has direct financial or
liability implications for that member local agency.
(B) Other members of the legislative body of the local agency
present in a closed session of that member local agency.
(2) Any designated alternate member of the legislative body of the
joint powers agency who is also a member of the legislative body of
a local agency member and who is attending a properly noticed meeting
of the joint powers agency in lieu of a local agency member's
regularly appointed member to attend closed sessions of the joint
powers agency.
(b) If the legislative body of a joint powers agency adopts a
policy or a bylaw or includes provisions in its joint powers
agreement pursuant to subdivision (a), then the legislative body of
the local agency member, upon the advice of its legal counsel, may
conduct a closed session in order to receive, discuss, and take
action concerning information obtained in a closed session of the
joint powers agency pursuant to paragraph (1) of subdivision (a).
SEC. 2. Section 54956.96 is added to the
FGovernment Code , to read: 54956.96. (a) Nothing in this chapter shall be construed to
prevent the legislative body of a joint powers authority formed
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 from adopting a policy or a bylaw or including
a provision in its joint powers agreement that does any of the
following:
(1) Authorizes any designated alternate member who is attending in
lieu of the appointed member to attend closed sessions of the joint
powers authority.
(2) Requires information received by the legislative body of the
joint powers authority in an authorized closed session to be
maintained as confidential, except any appointed and designated
alternate members of the member local agency may disclose information
that is obtained in a closed session if that information has direct
financial or liability implications for that local agency to the
following people:
(A) To the legal counsel of that member local agency for purposes
of obtaining advice on whether the matter has direct financial or
liability implications for that member local agency.
(B) To those persons who are present in a closed session of that
member local agency.
(b) If the legislative body of a joint powers authority adopts a
policy or a bylaw or includes a provision in its joint powers
agreement pursuant to paragraph (2) of subdivision (a), then the
legislative body of the member local agency, upon the advice of its
legal counsel, may conduct a closed session to receive, discuss, and
take action concerning information obtained in a closed session of
the joint powers authority.
SECTION 1. Section 54956.96 of the Government
Code is amended to read:
54956.96. (a) Nothing in this chapter shall be construed to
prevent the legislative body of a joint powers agency formed pursuant
to Article 1 (commencing with Section 6500) of Chapter 5 of Division
7 of Title 1, from adopting a policy or a bylaw or including in its
joint powers agreement provisions that authorize either or both of
the following:
(1) All information received by the legislative body of the member
local agency in a closed session related to the information
presented to the joint powers agency in closed session shall be
confidential. However, a member of the legislative body of a member
local agency or an employee of a member local agency may disclose
information obtained in a closed session that has direct financial or
liability implications for that local agency to the following
individuals:
(A) Legal counsel of that member local agency for purposes of
obtaining advice on whether the matter has direct financial or
liability implications for that member local agency.
(B) Those persons present in a closed session of the legislative
body of that member local agency.
(2) Any designated alternate member of the legislative body of the
joint powers agency who is also a member of the legislative body of
a member local agency or an employee of a member local agency and who
is attending a properly noticed meeting of the joint powers agency
in lieu of a member local agency's regularly appointed member to
attend closed sessions of the joint powers agency.
(b) If the legislative body of a joint powers agency adopts a
policy or a bylaw or includes provisions in its joint powers
agreement pursuant to subdivision (a), then the legislative body of
the member local agency, upon the advice of its legal counsel, may
conduct a closed session in order to receive, discuss, and take
action concerning information obtained in a closed session of the
joint powers agency pursuant to paragraph (1) of subdivision (a).
