California Acts of the 2008 Legislative Session
SB 1732, Chapter 63
BILL NUMBER: SB 1732 CHAPTERED 07/03/08 CHAPTER 63 FILED WITH SECRETARY OF STATE JULY 3, 2008 APPROVED BY GOVERNOR JULY 3, 2008 PASSED THE SENATE MAY 8, 2008 PASSED THE ASSEMBLY JUNE 19, 2008 AMENDED IN SENATE APRIL 24, 2008 AMENDED IN SENATE APRIL 15, 2008 AMENDED IN SENATE MARCH 25, 2008 INTRODUCED BY Senator Romero (Principal coauthor: Assembly Member Lieber) (Coauthor: Senator McClintock) (Coauthor: Assembly Member Portantino) FEBRUARY 22, 2008 An act to amend Section 54952.2 of, and to add Section 6252.7 to, the Government Code, relating to local agenciesLEGISLATIVE COUNSEL'S DIGEST SB 1732, Romero. Local agencies.
(1) The Ralph M. Brown Act requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The act prohibits any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item, with an exception for an authorized teleconference. An appellate court in Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533 held that a violation of this prohibition occurs only if a series of meetings by members of a body results in a collective concurrence.
This bill would instead prohibit a majority of members of a legislative body of a local agency from using, outside a meeting authorized by the act, a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. It also would state the Legislature's declaration that it disapproves the holding of the court in the case named above to the extent it construes the prohibition on serial meetings and would state its intention that the changes made by this bill supersede that holding. It would also provide that the changes made by this bill shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications, outside of a meeting authorized by the Ralph M. Brown Act, with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if...
