Bill Text: CA SB355 | 2019-2020 | Regular Session | Introduced

California Senate Bill 355 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Joint powers agencies: Clean Power Alliance of Southern California: meetings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-09-05 - Chaptered by Secretary of State. Chapter 248, Statutes of 2019. [SB355 Detail]

Download: California-2019-SB355-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 355

Introduced by Senator Portantino

February 19, 2019

An act to amend Section 54956.96 of the Government Code, relating to joint powers.

LEGISLATIVE COUNSEL'S DIGEST

SB 355, as introduced, Portantino. Joint powers agencies: meetings.

The Joint Exercise of Powers Act authorizes 2 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 2 agencies.

The Ralph M. Brown Act requires that meetings of the legislative body of a local agency, including a joint powers agency, be open and public, with specified exceptions authorizing closed sessions for specified purposes. Existing law authorizes a joint powers agency to include in its joint powers agreement provisions authorizing, among others, any designated alternate member of the legislative body of the joint powers agency is also a member of the legislative body of a member local agency, and 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 eliminate the requirement that the designated alternate member of the legislative body of the joint powers agency also be a member of the legislative body of a member local agency.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

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 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).