Open meetings: public criticism and comment.
Summary
The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act requires an agenda for a regular meeting to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body. The act excepts from this requirement an agenda item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed, as specified. The act requires a notice for a special meeting to provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice before or during consideration of that item. The act authorizes the legislative body to adopt reasonable regulations to ensure that the intent of these provisions is carried out. Existing law forbids the legislative body from prohibiting public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. This bill would instead require the agenda for a regular and special meeting to provide an opportunity for the public to directly address the legislative body on any item of interest to the public before and during the legislative body's consideration of the item, except as specified. This bill would expand the existing prohibition against a legislative body limiting public criticism to include criticism of the officers and employees of the legislative body, and specify other designated prohibited activities related to limiting public comment. This bill would, if a legislative body limits the time allocated for public testimony on a particular issue or for each individual speaker, prohibit a reduction in that allocated time by reason of the questioning or interruption of the speaker by the legislative body or its officers or employees, and the speaker's response to questioning. This bill would incorporate additional changes to Section 54954.3 of the Government Code proposed by AB 1330 that would become operative if this bill and AB 1330 are both chaptered and this bill is chaptered last.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2013
Committee Review
Aug 2014
Assembly Passage
Jan 2014
Senate Passage
Aug 2014
Vetoed
Sep 2014
Introduced Jan 28, 2013
Vetoed Sep 27, 2014
Floor votes · Senate Aug 26, 2014 · Assembly Jan 29, 2014
How they voted
23–8
Passed · 4 other
Total votes 35
Aug 26, 2014
D
Democratic25
84% Yea
R
Republican10
80% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
7
Committee
8
Amendments
3
Sep 27, 2014
Vetoed
Vetoed by Governor.
lower
Aug 27, 2014
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 13. Page 6593.).
lower
Aug 26, 2014
Senate · Passed
Senate Vote: pass (23-8-4)
senate
Aug 26, 2014
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
lower
Jun 30, 2014
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 2.) (June 25).
upper
Jun 17, 2014
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.
upper
Feb 6, 2014
Committee
Referred to Com. on GOV. & F.
upper
Jan 29, 2014
Assembly · Passed
Assembly Vote: pass (37-9-20)
assembly
Jan 15, 2014
Lower · Passed
From committee: Do pass. (Ayes 6. Noes 0.) (January 15).
lower
Jan 7, 2014
Committee
Re-referred to Com. on L. GOV.
lower
Jan 6, 2014
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
lower
Apr 18, 2013
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Feb 7, 2013
Committee
Referred to Com. on L. GOV.
lower
Jan 29, 2013
Lower · Passed
From printer. May be heard in committee February 28.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Nora Campos
DDemocratic
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