HomeMy WebLinkAboutMINUTES - 05211985 - 1.41 TO: BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor, County Administrator
Costa
DATE: CountyMay 14, 1935
SUBJECT: Legislation: AB 1001 (McAllister)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in opposition to AB 1001 by Assemblyman
Alister McAlister which places further limits on the Board' s
ability to meet in closed session and requires extensive
justification and documentation for all subjects to be
discussed in closed session.
BACKGROUND:
AB 1001 would add to the provisions of the existing law (The
Brown Act) the declaration that although at times it may be
necessary for a body to meet in closed session, those meetings
are an exception to the intent of the law and, therefore, the
conditions permitting closed meetings should be narrowly and
strictly construed.
AB 1001 would provide, among other things , that prior to
holding a closed session, the Board of Supervisors must
identify specifically the subject of the session and state why
the reasons for the closed session outweigh the public' s right
to remain informed. In any dispute as to the validity of a
closed session, the Board of Supervisors would have the burden
of producing sufficient evidence to show that the conditions
for a closed session have been satisfied.
Recent law has already substantially tightened the rules under
which a Board of Supervisors can meet in closed session,
including publishing an agenda listing the subjects to be
discussed. The further documentation required by AB 1001
appears to be unnecessary and would make it very difficult to
comply with the Act' s requirements. AB 1001 would also impose
significant costs for professional time to prepare the
documentation required for closed sessions.
The County Counsel recommends that the Board oppose AB 1001 and
this office concurs with that recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE: 6��xl�
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURE(S) C�
ACTION OF BOARD ON May 2 , 9H5 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
County Administrator
OF SUPERVISORS! N THE DATE SHOWN.
CC: County Counsel ATTESTED � e
Assemblyman Al i ster McAlister Phil Batchelor, Clerk of the Board of
Assemblyman Richard Al atorre, Chairman Supervisors and County Admirii;;a-car RD
Govt. Organization Committee
M3a2i7-89CSAC Director BY DEPUTY