BILL NUMBER: AB 2645 CHAPTERED
BILL TEXT
CHAPTER 1120
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2002
APPROVED BY GOVERNOR SEPTEMBER 30, 2002
PASSED THE ASSEMBLY AUGUST 28, 2002
PASSED THE SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 19, 2002
AMENDED IN SENATE JUNE 25, 2002
AMENDED IN SENATE JUNE 13, 2002
INTRODUCED BY Assembly Member Aanestad
FEBRUARY 22, 2002
An act to amend Sections 54954.5 and 54957 of the Government Code,
relating to government agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 2645, Aanestad. Local agencies: security information.
Under the Ralph M. Brown Act, the meetings of the legislative body
of a local agency are required to be conducted openly and publicly,
with specified exceptions.
Under the act, if certain information is disclosed in an open and
public session prior to holding a closed session, the legislative
body of a local agency may hold closed sessions with the Attorney
General, district attorney, sheriff, or chief of police, or their
respective deputies, on matters posing a threat to the security of
public buildings or a threat to the public's right of access to
public services or public facilities.
This bill would also permit these closed sessions to include a
security consultant or security operations manager.
This bill would also provide that the legislative body of a local
agency may hold closed sessions with those law enforcement officials,
agency counsel, or a security consultant or security operations
manager on a threat to the safety and delivery of essential public
services, including water, drinking water, wastewater treatment,
natural gas service, and electric services.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 54954.5 of the Government Code is amended to
read:
54954.5. For purposes of describing closed session items pursuant
to Section 54954.2, the agenda may describe closed sessions as
provided below. No legislative body or elected official shall be in
violation of Section 54954.2 or 54956 if the closed session items
were described in substantial compliance with this section.
Substantial compliance is satisfied by including the information
provided below, irrespective of its format.
(a) With respect to a closed session held pursuant to Section
54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (Specify street address, or if no street address, the
parcel number or other unique reference, of the real property under
negotiation)
Agency negotiator: (Specify names of negotiators attending the
closed session) (If circumstances necessitate the absence of a
specified negotiator, an agent or designee may participate in place
of the absent negotiator so long as the name of the agent or designee
is announced at an open session held prior to the closed session.)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator
will concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (Specify number of potential cases)
(In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to subparagraphs
(B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section
54956.9.)
Initiation of litigation pursuant to subdivision (c) of Section
54956.9: (Specify number of potential cases)
(d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section
54961)
Agency claimed against: (Specify name)
(e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and
title of officer, or name of applicable agency representative and
title)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
(f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: (Specify names of designated
representatives attending the closed session) (If circumstances
necessitate the absence of a specified designated representative, an
agent or designee may participate in place of the absent
representative so long as the name of the agent or designee is
announced at an open session held prior to the closed session.)
Employee organization: (Specify name of organization representing
employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section
54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed
session to consider case review or planning.)
(h) With respect to every item of business to be discussed in
closed session pursuant to Sections 1461, 32106, and 32155 of the
Health and Safety Code or Sections 37606 and 37624.3 of the
Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (Specify whether testimony/deliberation will
concern staff privileges, report of medical audit committee, or
report of quality assurance committee)
(i) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.86:
CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW
(No additional information is required in connection with a closed
session to discuss a charge or complaint pursuant to Section
54956.86.)
SEC. 2. Section 54957 of the Government Code is amended to read:
54957. (a) Nothing contained in this chapter shall be construed
to prevent the legislative body of a local agency from holding closed
sessions with the Attorney General, district attorney, agency
counsel, sheriff, or chief of police, or their respective deputies,
or a security consultant or a security operations manager, on matters
posing a threat to the security of public buildings, a threat to the
security of essential public services, including water, drinking
water, wastewater treatment, natural gas service, and electric
service, or a threat to the public's right of access to public
services or public facilities.
(b) (1) Subject to paragraph (2), nothing contained in this
chapter shall be construed to prevent the legislative body of a local
agency from holding closed sessions during a regular or special
meeting to consider the appointment, employment, evaluation of
performance, discipline, or dismissal of a public employee or to hear
complaints or charges brought against the employee by another person
or employee unless the employee requests a public session.
(2) As a condition to holding a closed session on specific
complaints or charges brought against an employee by another person
or employee, the employee shall be given written notice of his or her
right to have the complaints or charges heard in an open session
rather than a closed session, which notice shall be delivered to the
employee personally or by mail at least 24 hours before the time for
holding the session. If notice is not given, any disciplinary or
other action taken by the legislative body against the employee based
on the specific complaints or charges in the closed session shall be
null and void.
(3) The legislative body also may exclude from the public or
closed meeting, during the examination of a witness, any or all other
witnesses in the matter being investigated by the legislative body.
(4) For the purposes of this subdivision, the term "employee"
shall include an officer or an independent contractor who functions
as an officer or an employee but shall not include any elected
official, member of a legislative body or other independent
contractors. Nothing in this subdivision shall limit local officials'
ability to hold closed session meetings pursuant to Sections 1461,
32106, and 32155 of the Health and Safety Code or Sections 37606 and
37624.3 of the Government Code. Closed sessions held pursuant to
this subdivision shall not include discussion or action on proposed
compensation except for a reduction of compensation that results from
the imposition of discipline.