California Assembly Bill AB194 Amended / Bill

 BILL NUMBER: AB 194AMENDED BILL TEXT AMENDED IN SENATE JULY 1, 2014 AMENDED IN SENATE JUNE 17, 2014 AMENDED IN ASSEMBLY JANUARY 27, 2014 AMENDED IN ASSEMBLY JANUARY 6, 2014 INTRODUCED BY Assembly Member Campos JANUARY 28, 2013 An act to amend Section 54954.3 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 194, as amended, Campos. Open meetings: public criticism and comment. 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  every   an  agenda for a regular meeting  or notice for a special meeting  to provide an opportunity for members of the public to  directly  address the legislative body  on items being considered by the legislative body, as specified, and   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,   body  to adopt reasonable regulations to ensure that the intent of  this provision is   these provisions are  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 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 and during the legislative body's consideration of the item, as specified. This bill would  expand the  above   existing  prohibition  on the legislative body, to forbid the legislative body, and its presiding officer or staff, from prohibiting, limiting, or otherwise preventing public criticism, as described above, as well as certain   against a legislative body limiting public criticism to include criticism of the officers and employees of the legislative body, and specify  other designated  prohibite   d  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.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 54954.3 of the Government Code is amended to read: 54954.3. (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before  or   and  during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any 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 since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual  speaker.   speaker   , and the procedure for public comment on agenda   items.  (c) (1) Subject to  reasonable regulations promulgated pursuant to  subdivision (b), the legislative body of a local agency, or its presiding officer or staff, acting   in   their official capacity on behalf of the legislative body,  shall not prohibit, limit, or otherwise prevent any of the following: (A) Public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative  body.   body   or its officers or employees acting in their official capacity.   (B) Comment by a member of the public on an item after the introductory presentation has been made and before the body takes action.   (C)   (B)  Comment by a member of the public during presentation of  the   an agenda  item who has  failed to provide   not provided  notice of his or her desire to comment  at the beginning of the meeting.   prior to consideration of the agenda item by the legislative body.   (D)  (C)  Comment by a member of the public based on his or her  viewpoint.   viewpoint where the comment is within the subject matter jurisdiction of the legislative body.   (E) A member of the public from using his or her allotted time for comment by interrupting, questioning, or otherwise disrupting the individual.   (2) If a legislative body limits the total amount of time allocated for public testimony on a particular issue or for each individual speaker, the questioning or interrupting of the speaker by the legislative body, its officers or employees, and the speaker's response to questioning shall not reduce the total time allocated for public testimony on the particular issue or allocated for an individual speaker.   (2)   (3)  This subdivision shall not be construed to confer any privilege or protection for expression beyond that otherwise provided by law.