(1)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 further requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agencys Internet Web site, if the local agency has one.

This bill would require an online posting of an agenda for a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site to be posted on the local agencys primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site from this requirement if it has an integrated agenda management platform that meets specified requirements, including, among others, that the current agenda is the first agenda available at the top of the integrated agenda management platform. The bill would authorize an integrated agenda management platform to include prior meeting agendas, as specified. The bill would require any agenda posted pursuant to these provisions to be in an open format that meets specified requirements, including, among others, that the agenda is platform independent and machine readable. The bill would also define terms for these purposes.

(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)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 further requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agencys Internet Web site, if the local agency has one.

This bill would require an online posting of an agenda for a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site to be posted on the local agencys primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site from this requirement if it has an integrated agenda management platform that meets specified requirements, including, among others, that the current agenda is the first agenda available at the top of the integrated agenda management platform. The bill would authorize an integrated agenda management platform to include prior meeting agendas, as specified. The bill would require any agenda posted pursuant to these provisions to be in an open format that meets specified requirements, including, among others, that the agenda is platform independent and machine readable. The bill would also define terms for these purposes.

(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)The Ralph M. Brown Act enables the legislative body of a local agency to call both regular and special meetings. 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 further requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agencys Internet Web site, if the local agency has one.

This bill would require an online posting of an agenda for the legislative body of a local agency, if the local agency has an Internet Web site, a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site to be posted on the local agencys primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt a city, county, city and county, and special district a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site from this requirement if it has an integrated agenda management platform that meets specified requirements, including including, among others, that the current agenda of the legislative body of the local agency is the first agenda available at the top of the integrated agenda management platform. The bill would authorize an integrated agenda management platform to include prior meeting agendas, as specified. The bill would require an online posting of any agenda by a local agency to be posted pursuant to these provisions to be in an open format that meets specified requirements, including including, among others, that the agenda is platform independent and machine readable. The bill would also define terms for these purposes. The bill would make these provisions applicable on and after January 1, 2019.

(2)The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The Ralph M. Brown Act enables the legislative body of a local agency to call both regular and special meetings. The act requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agencys Internet Web site, if the local agency has one.

This bill would require an online posting of an agenda by a local agency for the legislative body of a local agency, if the local agency has an Internet Web site, to have a prominent direct link to the current agenda itself. be posted on the local agencys primary Internet Web site homepage accessible through a prominent, direct link, as specified. The bill would exempt a city, county, city and county, and special district from this requirement if it has an integrated agenda management platform that meets specified requirements, including that the current agenda of the legislative body of the local agency is the first agenda available at the top of the integrated agenda management platform. The bill would require the link to be on the local agencys Internet Web site homepage, not in a contextual menu on the homepage, and would require the an online posting of any agenda by a local agency to be posted in an open format that meets specified requirements, including that the agenda is platform independent and machine readable. The bill would also define terms for these purposes. The bill would make these provisions applicable on and after January 1, 2019.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The Ralph M. Brown Act enables the legislative body of a local agency to call both regular and special meetings. The act requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agencys Internet Web site, if the local agency has one.

This bill would require an online posting of an agenda by a local agency to have a prominent direct link to the current agenda itself. The bill would require the link to be on the local agencys Internet Web site homepage, not in a contextual menu on the homepage, and would require the agenda to be posted in an open format that meets specified requirements, including that the agenda is platform independent and machine readable. The bill would make these provisions applicable on and after January 1, 2019.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The Ralph M. Brown Act enables the legislative body of a local agency to call both regular and special meetings. The act requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agencys Internet Web site, if the local agency has one.

This bill would require an online posting of an agenda by a local agency to have a prominent direct link to the current agenda itself. The bill would require the link to be on the local agencys Internet Web site homepage, not in a contextual menu on the homepage, and would require the agenda to be posted in compliance with a specified section of law. an open format that meets specified requirements, including that the agenda is platform independent and machine readable.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The Ralph M. Brown Act enables the legislative body of a local agency to call both regular and special meetings. The act requires the legislative body of a local agency to post, at least 72 hours before the meeting, an agenda containing a brief general description of each item of business to be transacted or discussed at a regular meeting, in a location that is freely accessible to members of the public and to provide a notice containing similar information with respect to a special meeting at least 24 hours prior to the special meeting. The act requires that the agenda or notice be freely accessible to members of the public and be posted on the local agencys Internet Web site, if the local agency has one.

This bill would require an online posting of an agenda by a local agency to have a prominent direct link to the current agenda itself. The bill would require the link to be on the local agencys Internet Web site homepage, not in a contextual menu on the homepage, and would require the agenda to be posted in compliance with a specified section of law.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2257

Author:(Maienschein)

As Amended Ver:June 22, 2016

Majority vote

Original Committee Reference: L. GOV.

SUMMARY: Imposes additional requirements for online postings of agendas for the public meetings of specified local agency legislative bodies.

The Senate amendments:

1. Specify that the provisions of this bill apply to the legislative bodies of a city, county, city and county, special district, school district, or political subdivision established the state.
2. Provide that the bill's provisions do not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
3. Make conforming and technical changes.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Bill Summary. This bill adds several requirements to the online posting of agendas for the public meetings of specified local agency legislative bodies. For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state (local agency) that has an Internet Web site (website), the following provisions shall apply:
   1. An online posting of an agenda shall be posted on the primary website homepage of a local agency that is accessible through a prominent, direct link to the current agenda, as specified; and,
   2. An online posting of an agenda must be posted in an open format that meets all of the following requirements:
      1. Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;
      2. Platform independent and machine readable; and,
      3. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.

This bill provides an exemption from the above requirements for a local agency that has an integrated agenda management platform, if all of the following are met:

• 1. A direct link to the integrated agenda management platform shall be posted on primary website site homepage of the local agency, as specified. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to a website with the agendas of the local agency;
  2. The integrated agenda management platform may contain the prior agendas of a local agency for all meetings occurring on or after January 1, 2019;
  3. The current agenda of the legislative body of the local agency shall be the first agenda available at the top of the integrated agenda management platform; and,
  4. All agendas posted in the integrated agenda management platform shall comply with the open format requirements of this bill.

This bill defines "integrated agenda management platform" to mean a website of a local agency dedicated to providing the entirety of the agenda information for the legislative body of the local agency to the public. The bill's provisions do not apply to a political subdivision of a local agency that was established by the legislative body of the local agency. This bill is sponsored by GrassrootsLab.

1. Author's Statement. According to the author, "Under the Ralph M. Brown Act, the legislative body of a local agency is required to post an agenda no less than 72 hours prior to a meeting. The agenda must be freely accessible to members of the public, in addition to being posted on the local agency's website, if they have one. The Ralph M. Brown Act was passed by the legislature in 1953 to ensure transparency and openness in local governing meetings. Since its original passage over 60 years ago, technology has changed significantly. These advances have thus lead to many needed updates to allow for continued and reasonable access to information by the public.

"This legislation addresses two key deficiencies in current law; format and accessibility of online postings. Posting an agenda can mean many different things with respect to visibility and accessibility of the document. Many agendas are buried in agency websites or otherwise not intuitively navigable by a site visitor. Formatting may restrict the capacity for citizens to search for or access agenda information. …AB 2257 will update the Ralph M. Brown Act by ensuring that meeting agendas are posted in a consistent, visible location on the homepage of the local agency's internet website. It specifies that it must be a prominent, direct link to the agenda and prevents the link being buried. Importantly, this bill also specifies that agendas be posted in a machine-readable format, meaning the documents can be indexed and searched by commonly used search engines and other tools."

1. Proposition 42. Proposition 42 was passed by voters on June 3, 2014, and requires all local governments to comply with the California Public Records Act and the Ralph M. Brown Act and with any subsequent changes to those Acts. Proposition 42 also eliminated reimbursement to local agencies for costs of complying with the California Public Records Act and the Ralph M. Brown Act.

This bill contains language that says that the Legislature finds and declares that Section 1 of the bill furthers the purpose of the California Constitution as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to the California Constitution Article I Section 3, subdivision b), paragraph 7) of the bill also includes a finding that says that "It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas on the Internet homepage of local agencies." Section 3 of the bill specifies that no reimbursement for local agencies to implement the bill's provisions is necessary because "the only costs that may be incurred by a local agency or school district…would result from a legislative mandate that is within the scope of paragraph 7) of subdivision b) of California Constitution Article I Section 3."

1. Arguments in Support. GrassrootsLab, sponsor of this measure, writes, "Agendas in cities, counties and special districts are frequently buried on agency websites and in formats that preempt indexing and common search techniques. While many jurisdictions offer subscription services to residents, the aggregate practice of online agenda posting is uneven and undermines resident access to the business of government. …Placing the agendas on an (agency's) homepage requires no additional records be created and is a logical, intuitive place for residents to find the document. Requiring machine readability of the document is even more vital, as it will ensure the agendas are indexed by search engines and readable through a wide array of tools used in modern communication."
2. Arguments in Opposition. The California Special Districts Association, in opposition, writes, "The requirements of AB 2257 micro-manage local agencies' website development and strip their local control by dictating specifically where each local agency posts its board and committee agendas. Many of our districts have made significant investments in developing the best design, layout, and functionality of their websites to best serve the needs of their constituents. …The primary role of special districts is to provide services to the public. As such, our websites are typically designed to ensure the ease of access to those services.

"AB 2257 (also) includes a mandate that an agenda be posted in a particular format that is retrievable, downloadable, indexable, electronically searchable and machine readable. …This is an unnecessary mandate that places undue burdens on local agencies. …This measure mandates significant changes to the current process without identifying a current lack of transparency by local agencies."

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003838

 THIRD READING  

Bill No: AB 2257

Author:

:

Vote:

SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 6/29/16

AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/23/16 - See last page for vote

SUBJECT:

SOURCE: Grassroots Lab

DIGEST: This bill requires local agencies to post a link to the current meeting agenda prominently on their homepage.

ANALYSIS:

Existing law:

1. Establishes, pursuant to the Ralph M. Brown Act (Brown Act), procedures to ensure public access to information maintained by local agencies and that the decisions made by public agencies are done in an open and transparent fashion to retain public control over those agencies.
2. Requires a local agency to post an agenda for a regular meeting of its legislative body at least 72 hours before the meeting in a location that is freely accessible to members of the public and on the local agency’s Web site, if it has one.
3. Requires local agencies to create an inventory of their enterprise systems and make it available to the public.
4. Establishes standards for local agency Web sites that bill themselves as hosting “open data.”

This bill:

1. Requires, on and after January 1, 2019, a local agency, including a city, county, special district, school district, that has an Internet Web site to post a prominent, direct link to the agenda for the most current meeting of its legislative body on the local agency’s primary homepage.
2. Prohibits the link from being in a contextual menu, but allows an additional link to the agenda in a contextual menu.
3. Does not require a local agency to comply with these requirements if it uses an integrated agenda management platform that meets all of the following conditions:
   1. A direct link to the platform is posted on the local agency’s primary homepage and the link is not in a contextual menu;
   2. All of the local agency’s agendas are contained in the platform;
   3. The current agenda of the legislative body of the local agency is the first agenda available at the top of the platform webpage; and
   4. All of the agendas comply with specified requirements for formatting.
4. Requires agendas to be posted in an open format that is:
   1. Retrievable, downloadable, indexable, and searchable by commonly used internet search applications;
   2. Platform independent and machine readable; and
   3. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.

Background

The Brown Act. The Ralph M. Brown Act (Brown Act), first enacted by the Legislature in 1953, is the set of state laws which guarantees the public’s right to attend and participate in local legislative bodies’ meetings. The Brown Act establishes procedures to ensure public access to information maintained by local agencies and that the decisions made by public agencies are done in an open and transparent fashion to retain public control over those agencies. Local agencies subject to the Brown Act include cities, charter cities, counties, school districts, special districts, and other political subdivisions of the state.

The Brown Act establishes the presumption that business of local agencies’ legislative bodies must be conducted in open and public meetings. No action may be taken by secret ballot, and the legislative body must publicly report the action taken and the votes cast. Among other things, the Brown Act requires a local agency to post an agenda for a regular meeting of its legislative body at least 72 hours before the meeting in a location that is freely accessible to members of the public and on the local agency’s Web site, if it has one (AB 1344, Feuer, Chapter 692, Statutes of 2011).

Open Data. In recent years, computer technology has advanced to allow electronic documents to be searched and indexed electronically. This searchability is enhanced by posting documents and other data in “open format,” meaning one that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information. The Legislature began considering open data bills in 2015.

Advocates for government transparency and open data want legislators to make it easier for search engines, other modern communications tools, and the public to find and access agendas.

Comments

1. Purpose of the bill. The Legislature initially enacted the Brown Act in 1953 to ensure open government and transparency in local decision-making. Over the years, it has been amended to adapt to changing circumstances and new technologies. Today, technology has changed what the reasonable expectations are for access to public meeting documents such as agendas, and new tools are available to improve transparency. AB 2257 is the next logical step in ensuring the public’s access to meetings. It addresses two key obstacles that hamper access to local agency agendas. First, it makes agendas much easier to find on local agency Web sites by requiring a direct link on the homepage. Just as importantly, AB 2257 requires local governments to post their agendas in an open format that search engines like Google and other tools can read and catalogue. Communication technologies have advanced rapidly; it’s time our local governments caught up.
2. Homepage, home rule. Local agencies already face mandates from the state to ensure that their agendas are publicly posted and that their meetings are open and accessible. These requirements can be onerous for small local agencies that don’t have the resources to continually update a Web site. Furthermore, many local governments that have that capacity have designed their Web site to meet the expressed needs of their constituents, who may prize having ready access to information about permitting or jobs over a link to the most recent agenda. While well intentioned, AB 2257 imposes a potentially costly one-size-fits-all requirement on local governments, to the detriment of the public.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/3/16)

Grassroots Lab (source)

AFSCME

California Asian Pacific Chamber of Commerce

California Association of Licensed Investigators

California Business Roundtable

California Independent Oil Marketers Association

California League of Food Processors

California Manufacturers and Technology Association

California Newspaper Publishers Association

California Professional Firefighters

California Retailers Association

Californians Aware

Data Coalition

El Dorado Local Agency Formation Commission

Industrial Environmental Association

Innovate Your State

National Federation of Independent Business

SEIU California

Sunlight Foundation

OPPOSITION: (Verified 8/3/16)

California Special Districts Association

ASSEMBLY FLOOR: 77-0, 5/23/16

AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Arambula, Eggman, Patterson

Prepared by:

8/3/16 19:00:45

**** END ****

SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Robert M. Hertzberg, Chair

2015 - 2016 Regular

Local agency meetings: agenda: online posting

Requires local agencies to post a link to the current meeting agenda prominently on their homepage.

Background

The Brown Act. The Ralph M. Brown Act (Brown Act), first enacted by the Legislature in 1953, is the set of state laws which guarantees the public’s right to attend and participate in local legislative bodies’ meetings. The Brown Act establishes procedures to ensure public access to information maintained by local agencies and that the decisions made by public agencies are done in an open and transparent fashion to retain public control over those agencies. Local agencies subject to the Brown Act include cities, charter cities, counties, school districts, special districts, and other political subdivisions of the state.

The Brown Act establishes the presumption that business of local agencies’ legislative bodies must be conducted in open and public meetings. No action may be taken by secret ballot, and the legislative body must publicly report the action taken and the votes cast. Among other things, the Brown Act requires a local agency to post an agenda for a regular meeting of its legislative body at least 72 hours before the meeting in a location that is freely accessible to members of the public and on the local agency’s website, if it has one (AB 1344, Feuer, 2011).

Open Data. In recent years, computer technology has advanced to allow electronic documents to be searched and indexed electronically. This searchability is enhanced by posting documents and other data in “open format,” meaning one that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information. The Legislature began considering open data bills in 2015, enacting statutes that require local agencies to create an inventory of their enterprise systems and make it available to the public (SB 272, Hertzberg, 2015) and it establishing standards for local agency websites that bill themselves as hosting “open data” (AB 169, Maienschein, 2015). These standards required data to be posted in an open format that is:

• Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
• Platform independent and machine readable.
• Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record.
• Able to retain the data definitions and structure present when the data was compiled, if applicable.

Advocates for government transparency and open data want legislators to make it easier for search engines, other modern communications tools, and the public to find and access agendas.

Proposed Law

Assembly Bill 2257 requires, on and after January 1, 2019, a local agency that has an internet website to post a prominent, direct link to the agenda for the most current meeting of its governing body on the local agency’s primary homepage. AB 2257 prohibits the link from being in a contextual menu, but allows an additional link to the agenda in a contextual menu. A local agency that uses an integrated agenda management platform does not have to meet these requirements if it meets all of the following conditions:

• A direct link to the platform is posted on the local agency’s primary homepage and the link is not in a contextual menu;
• All of the local agency’s agendas are contained in the platform;
• The current agenda of the legislative body of the local agency is the first agenda available at the top of the platform webpage; and
• All of the agendas comply with specified requirements for formatting.

AB 2257 also specifies requirements for the format of agendas, similar to the requirements for open data established in AB 169. Specifically, agendas must be posted in an open format that is:

• Retrievable, downloadable, indexable, and searchable by commonly used internet search applications;
• Platform independent and machine readable; and
• Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. The Legislature initially enacted the Brown Act in 1953 to ensure open government and transparency in local decision-making. Over the years, it has been amended to adapt to changing circumstances and new technologies. Today, technology has changed what the reasonable expectations are for access to public meeting documents such as agendas, and new tools are available to improve transparency. AB 2257 is the next logical step in ensuring the public’s access to meetings. It addresses two key obstacles that hamper access to local agency agendas. First, it makes agendas much easier to find on local agency websites by requiring a direct link on the homepage. Just as importantly, AB 2257 requires local governments to post their agendas in an open format that search engines like Google and other tools can read and catalogue. Communication technologies have advanced rapidly; it’s time our local governments caught up.

2. Homepage, home rule. Local agencies already face mandates from the state to ensure that their agendas are publicly posted and that their meetings are open and accessible. These requirements can be onerous for small local agencies that don’t have the resources to continually update a website. Furthermore, many local governments that have that capacity have designed their website to meet the expressed needs of their constituents, who may prize having ready access to information about permitting or jobs over a link to the most recent agenda. While well intentioned, AB 2257 imposes a potentially costly one-size-fits-all requirement on local governments, to the detriment of the public. Other bills similarly micromanage local agency websites; AB 779, which the Committee will also consider on June 29^th, requires a link on the homepage to local agency compensation. These bills set a concerning precedent for micromanaging local agency websites.

3. Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. In 2014, California voters approved Proposition 42, which amended the California Constitution to eliminate the state’s responsibility to pay local governments for compliance with the Brown Act and its amendments. According to the Legislative Counsel’s Office, AB 2257 creates a new state-mandated local program. But this bill disclaims the state's responsibility for reimbursing local agencies by including findings and declarations that the bill amends the Brown Act and furthers its purposes.

Assembly Actions

Assembly Local Government Committee: 8-0

Assembly Appropriations Committee: 20-0

Assembly Floor: 77-0

Support and Opposition

(6/23/16)

Support: Grassroots Lab (sponsor); AFSCME; California Asian Pacific Chamber of Commerce; California Association of Licensed Investigators; California Business Roundtable; California Independent Oil Marketers Association; California League of Food Processors; California Manufacturers and Technology Association; California Newspaper Publishers Association; California Professional Firefighters; California Retailers Association; Californians Aware; Data Coalition; El Dorado Local Agency Formation Commission; Industrial Environmental Association; Innovate Your State; National Federation of Independent Business; SEIU California; Sunlight Foundation.

Opposition: California Special Districts Association.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:

Author:(Maienschein)

As Amended Ver:May 11, 2016

Majority vote

SUMMARY: Imposes additional requirements for online postings of agendas for the public meetings of local agency legislative bodies. Specifically, this bill:

1. Requires, on and after January 1, 2019, the following provisions to apply if a local agency has an Internet Web site (website):
   1. An online posting of an agenda for the legislative body of a local agency shall be posted on the local agency's primary website homepage accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
   2. An online posting of an agenda of any local agency, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
      1. Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;
      2. Platform independent and machine readable; and,
      3. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
   3. A city, county, city and county, or special district that has an integrated agenda management platform shall not be required to comply with a) above, if all of the following are met:
      1. A direct link to the integrated agenda management platform is posted on the local agency's primary website homepage. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to a website with the agendas of the local agency;
      2. The integrated agenda management platform contains all of the agendas of the local agency;
      3. The current agenda of the legislative body of the local agency is the first agenda available at the top of the integrated agenda management platform; and,
      4. All agendas posted in the integrated agenda management platform comply with the open format requirements of this bill as outlined in b) above.
2. Provides the following definitions:
   1. "Integrated agenda management platform" means a website of a local agency dedicated to providing the entirety of the local agency's agenda information to the public.
   2. "Legislative body" means the governing body of a local agency or any other local body created by state or federal statute.
3. Finds and declares that Section 1 of the bill furthers, within the meaning of paragraph 7) of subdivision b) of California Constitution Article I Section 3, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies and declares, pursuant to paragraph 7) of subdivision b) of California Constitution Article I Section 3, that the Legislature makes the following findings:

It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas on the Internet homepage of local agencies.

1. Provides that no reimbursement is required by this bill because the only costs that may be incurred by a local agency or school district under this bill would result from a legislative mandate that is within the scope of paragraph 7) of subdivision b) of California Constitution Article I Section 3.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Negligible state costs.
2. There are no reimbursable local mandate costs because any costs incurred by local agencies would fall under Proposition 42.

COMMENTS:

1. Bill Summary. This bill adds several requirements to the online posting of agendas for local agency meetings. Beginning January 1, 2019, the following provisions apply if a local agency has a website:
   1. An online posting of an agenda shall be posted on the local agency's primary website homepage accessible through a prominent, direct link to the current agenda, as specified.
   2. An online posting of an agenda must be posted in an open format that meets all of the following requirements:
      1. Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;
      2. Platform independent and machine readable; and,
      3. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.

This bill provides an exemption from the above requirements for a city, county, or special district that has an integrated agenda management platform, if all of the following are met:

• 1. A direct link to the integrated agenda management platform is posted on the local agency's primary website site homepage, as specified. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to a website with the agendas of the local agency;
  2. The integrated agenda management platform contains all of the agendas of the local agency;
  3. The current agenda of the legislative body of the local agency is the first agenda available at the top of the integrated agenda management platform; and,
  4. All agendas posted in the integrated agenda management platform comply with the open format requirements of this bill.

This bill defines "integrated agenda management platform" to mean a website of a local agency dedicated to providing the entirety of the local agency's agenda information to the public. This bill is sponsored by GrassrootsLab.

1. Author's Statement. According to the author, "Under the Ralph M. Brown Act, the legislative body of a local agency is required to post an agenda no less than 72 hours prior to a meeting. The agenda must be freely accessible to members of the public, in addition to being posted on the local agency's website, if they have one. The Ralph M. Brown Act was passed by the legislature in 1953 to ensure transparency and openness in local governing meetings. Since its original passage over 60 years ago, technology has changed significantly. These advances have thus lead to many needed updates to allow for continued and reasonable access to information by the public.

"This legislation addresses two key deficiencies in current law; format and accessibility of online postings. Posting an agenda can mean many different things with respect to visibility and accessibility of the document. Many agendas are buried in agency websites or otherwise not intuitively navigable by a site visitor. Formatting may restrict the capacity for citizens to search for or access agenda information. …AB 2257 will update the Ralph M. Brown Act by ensuring that meeting agendas are posted in a consistent, visible location on the homepage of the local agency's internet website. It specifies that it must be a prominent, direct link to the agenda and prevents the link being buried. Importantly, this bill also specifies that agendas be posted in a machine-readable format, meaning the documents can be indexed and searched by commonly used search engines and other tools."

1. Proposition 42. Proposition 42 was passed by voters on June 3, 2014, and requires all local governments to comply with the California Public Records Act and the Ralph M. Brown Act and with any subsequent changes to those Acts. Proposition 42 also eliminated reimbursement to local agencies for costs of complying with the California Public Records Act and the Ralph M. Brown Act.

This bill contains language that says that the Legislature finds and declares that Section 1 of the bill furthers the purpose of the California Constitution as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph 7) of subdivision b) of California Constitution Article I Section 3, the bill also includes a finding that says that "It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas on the Internet homepage of local agencies." Section 3 of the bill specifies that no reimbursement for local agencies to implement the bill's provisions is necessary because "the only costs that may be incurred by a local agency or school district…would result from a legislative mandate that is within the scope of paragraph 7) of subdivision b) of California Constitution Article I Section 3."

1. Arguments in Support. GrassrootsLab, sponsor of this measure, writes, "Agendas in cities, counties and special districts are frequently buried on agency websites and in formats that preempt indexing and common search techniques. While many jurisdictions offer subscription services to residents, the aggregate practice of online agenda posting is uneven and undermines resident access to the business of government. …Placing the agendas on an (agency's) homepage requires no additional records be created and is a logical, intuitive place for residents to find the document. Requiring machine readability of the document is even more vital, as it will ensure the agendas are indexed by search engines and readable through a wide array of tools used in modern communication."
2. Arguments in Opposition. The California Special Districts Association, in opposition, writes, "The requirements of AB 2257 micro-manage local agencies' website development and strip their local control by dictating specifically where each local agency posts its board and committee agendas. Many of our districts have made significant investments in developing the best design, layout, and functionality of their websites to best serve the needs of their constituents. …The primary role of special districts is to provide services to the public. As such, our websites are typically designed to ensure the ease of access to those services.

"AB 2257 (also) includes a mandate that an agenda be posted in a particular format that is retrievable, downloadable, indexable, electronically searchable and machine readable. …This is an unnecessary mandate that places undue burdens on local agencies. …This measure mandates significant changes to the current process without identifying a current lack of transparency by local agencies."

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003023

Date of Hearing: May 18, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2257

Author:(Maienschein) – As Amended Ver:April 25, 2016

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY: This bill, beginning January 1, 2019, adds requirements for online posting of a local agency's public meeting agendas, if the local agency has a website. Specifically, this bill:

1. Requires an agenda to be posted on the local agency’s primary website homepage accessible through a prominent, direct link to the current agenda.
2. Prohibits the direct link to the agenda from being in a contextual menu.
3. Requires the agenda to be posted in an open format that meets all of the following requirements:
   1. Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;
   2. Platform independent and machine readable; and,
   3. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
4. Exempts a local agency that has an integrated agenda management platform, as defined, from complying with (1) above if a direct link to the integrated agenda management platform is posted on the local agency's primary website homepage, and other conditions are met.

FISCAL EFFECT:

1. Negligible state costs.
2. There are no reimbursable local mandate costs because any costs incurred by local agencies would fall under Proposition 42. (See Comment #5 below.)

COMMENTS:

1. Author's Statement. According to the author, "This legislation addresses two key deficiencies in current law; format and accessibility of online postings. Posting an agenda can mean many different things with respect to visibility and accessibility of the document. Many agendas are buried in agency websites or otherwise not intuitively navigable by a site visitor. Formatting may restrict the capacity for citizens to search for, or access, agenda information…AB 2257 will update the Ralph M. Brown Act by ensuring that meeting agendas are posted in a consistent, visible location on the homepage of the local agency’s internet website. It specifies that it must be a prominent, direct link to the agenda and prevents the link being buried. Importantly, this bill also specifies that agendas be posted in a machine-readable format, meaning the documents can be indexed and searched by commonly used search engines and other tools."
2. Background. The Ralph M. Brown Act was passed by the legislature in 1953 to ensure transparency and openness in local government meetings. The Brown Act requires the meetings of local governments’ legislative bodies to be "open and public," thereby ensuring people’s access to information so they may retain control over the public agencies that serve them. The Brown Act requires a local agency to post an agenda for a regular meeting of its legislative body at least 72 hours before the meeting in a location that is freely accessible to members of the public. Since its original passage, technology has changed significantly.
3. Arguments in Support. GrassrootsLab, sponsor of this measure, writes, "The agencies subject to the proposed legislation provide critical services to California residents, from public safety to transportation, water management and many others. Their decisions impact their constituents, who deserve ready access to their scheduled meetings and matters at hand.

"Placing the agendas on an (agency's) homepage requires no additional records be created and is a logical, intuitive place for residents to find the document. Requiring machine readability of the document is even more vital, as it will ensure the agendas are indexed by search engines and readable through a wide array of tools used in modern communication."

1. Arguments in Opposition. The California Special Districts Association, in opposition, writes, "The requirements of AB 2257 micro-manage local agencies' website development and strip their local control by dictating specifically where each local agency posts its board and committee agendas. Many of our districts have made significant investments in developing the best design, layout, and functionality of their websites to best serve the needs of their constituents…The primary role of special districts is to provide services to the public. As such, our websites are typically designed to ensure the ease of access to those services.
2. Proposition 42. Proposition 42 was passed by voters on June 3, 2014, amended the state Constitution to require all local governments to comply with the California Public Records Act and the Ralph M. Brown Act and with any subsequent changes to those Acts. Proposition 42 also eliminated reimbursement to local agencies for costs of complying with the California Public Records Act and the Ralph M. Brown Act.
3. Prior Legislation.
4. AB 169 (Maienschein), Chapter 737, Statutes of 2015, requires local agencies to use specified open data standards if they maintain an Internet Resource that is described or titled as "open data" and if they choose to post public records on that Internet Resource.
5. SB 272 (Hertzberg), Chapter 795, Statutes of 2015, requires cities, counties, special districts, and joint powers authorities, by July 2016, to create a catalogue of their enterprise systems and make it available to the public, including on the agency's website.
6. AB 1344 (Feuer and Alejo), Chapter 692, Statutes of 2011, requires (among other things) the legislative body of a local agency to post the agenda for a regular meeting at least 72 hours in advance on the local agency's website, if the local agency has a website.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 20, 2016

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Susan Talamantes Eggman, Chair

ABPCA Bill Id:AB 2257 (

Author:Maienschein) – As Amended Ver:April 11, 2016

SUBJECT: Local agency meetings: agenda: online posting.

SUMMARY: Imposes additional requirements for online postings of agendas for the public meetings of local agency governing bodies. Specifically, this bill:

1. Requires an online posting of an agenda to be posted on the local agency’s homepage accessible through a prominent, direct link to the current agenda.
2. Prohibits the direct link to the agenda from being in a contextual menu.
3. Requires the agenda to be posted in an open format that meets all of the following requirements:
   1. Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;
   2. Platform independent and machine readable; and,
   3. Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record.
4. Provides that the requirements of 1) through 3), above, shall be deemed satisfied if the legislative body of a board, commission, or agency of a county, city, whether general or chartered, city and county, town, school district, municipal corporation, district, or political subdivision posts an agenda, in compliance with 1) through 3), above, on the homepage of the board, commission, or agency. The provisions of 1) through 3), above, shall not be construed to require the agenda for a meeting of a board, commission, or agency to be posted on the homepage of the local agency that created the board, commission, or agency.
5. Finds and declares that Section 1 of the bill furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies and declares, pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, that the Legislature makes the following findings:

It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas on the Internet homepage of local agencies.

1. Provides that no reimbursement is required by this bill because the only costs that may be incurred by a local agency or school district under this bill would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

EXISTING LAW:

1. Requires, pursuant to the Ralph M. Brown Act (Brown Act), 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.
2. Requires, at least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, to post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.
3. Requires the legislative body of a local agency to post the agenda for a regular meeting at least 72 hours in advance on the local agency's Internet Web site (website), if the local agency has one and if the legislative body is one of the following:
   1. The governing body of a local agency or any other local body created by state or federal statute; or,
   2. A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body if the members are compensated for their appearance and if one or more of the members also are members of a legislative body of a local agency or any other local body created by state or federal statute, as specified.
4. Requires local agencies that maintain an Internet Resource described as "open data" and that choose to post public records on that Internet Resource to use a format that:
   1. Is retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;
   2. Is platform independent and machine readable;
   3. Is available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and,
   4. Retains the data definitions and structure present when the data was compiled, if applicable.

FISCAL EFFECT: This bill is keyed fiscal.

COMMENTS:

1. Bill Summary. This bill requires an online posting of an agenda for a local agency's regular meetings to be posted on the local agency’s homepage accessible through a prominent, direct link to the current agenda. The direct link to the agenda cannot be in a contextual menu. The agenda must be posted in an open format that is: retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications; platform independent and machine readable; and, available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record.

These requirements will be deemed satisfied, if the legislative body of a board, commission, or agency of a county, city, whether general or chartered, city and county, town, school district, municipal corporation, district, or political subdivision posts an agenda on the homepage of the board, commission, or agency. The online agenda posting requirements are not to be construed to require the agenda for a meeting of a board, commission, or agency to be posted on the homepage of the local agency that created the board, commission, or agency.

This bill is sponsored by GrassrootsLab.

1. Author's Statement. According to the author, "Under the Ralph M. Brown Act, the legislative body of a local agency is required to post an agenda no less than 72 hours prior to a meeting. The agenda must be freely accessible to members of the public, in addition to being posted on the local agency’s website, if they have one. The Ralph M. Brown Act was passed by the legislature in 1953 to ensure transparency and openness in local governing meetings. Since its original passage over 60 years ago, technology has changed significantly. These advances have thus lead to many needed updates to allow for continued and reasonable access to information by the public.

"This legislation addresses two key deficiencies in current law; format and accessibility of online postings. Posting an agenda can mean many different things with respect to visibility and accessibility of the document. Many agendas are buried in agency websites or otherwise not intuitively navigable by a site visitor. Formatting may restrict the capacity for citizens to search for or access agenda information…AB 2257 will update the Ralph M. Brown Act by ensuring that meeting agendas are posted in a consistent, visible location on the homepage of the local agency’s internet website. It specifies that it must be a prominent, direct link to the agenda and prevents the link being buried. Importantly, this bill also specifies that agendas be posted in a machine-readable format, meaning the documents can be indexed and searched by commonly used search engines and other tools."

1. Background. The Brown Act requires the meetings of local governments’ legislative bodies to be "open and public," thereby ensuring people’s access to information so they may retain control over the public agencies that serve them. The Brown Act requires a local agency to post an agenda for a regular meeting of its legislative body at least 72 hours before the meeting in a location that is freely accessible to members of the public.

AB 1344 (Feuer and Alejo), Chapter 692, Statutes of 2011, required (among other things) the legislative body of a local agency to post the agenda for a regular meeting at least 72 hours in advance on the local agency's website, if the local agency has one. This requirement applies to any legislative body that is one of the following:

• 1. The governing body of a local agency or any other local body created by state or federal statute; or,
  2. A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body if the members are compensated for their appearance and if one or more of the members also are members of a legislative body of a local agency or any other local body created by state or federal statute, as specified.

1. Open Data. The Open Data movement is rapidly growing in popularity and recognition, both nationally and in California. Computer technology has advanced to provide open format software, which allows electronic documents created and maintained by public agencies to be searched, indexed, and redacted electronically.

In 2009, in order to increase government agency accountability, promote informed public participation, and create economic opportunity through expanding access to information online in open formats, the United States Director of the Office of Management and Budget issued an Open Government Directive to federal government agencies. This Directive provided guidelines to public agencies responding to public requests under the Freedom of Information Act and instructed federal government agencies to “publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications.”

The California Legislature began reviewing open data legislation last year. Among numerous bills considered was AB 169 (Maienschein), Chapter 737, Statutes of 2015.
AB 169 required local agencies that maintain an Internet Resource described as "open data" and that choose to post public records on that Internet Resource to use a format that:

• 1. Is retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications;
  2. Is platform independent and machine readable;
  3. Is available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and,
  4. Retains the data definitions and structure present when the data was compiled, if applicable.

AB 2257 is modeled after AB 169 and applies most of the open data requirements of AB 169 to the agendas that local agencies post on their websites for their regular meetings.

1. Proposition 42. Proposition 42 was passed by voters on June 3, 2014, and requires all local governments to comply with the California Public Records Act and the Ralph M. Brown Act and with any subsequent changes to those Acts. Proposition 42 also eliminated reimbursement to local agencies for costs of complying with the California Public Records Act and the Ralph M. Brown Act.

This bill contains language that says that the Legislature finds and declares that Section 1
of the bill furthers the purpose of the California Constitution as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the Constitution, the bill also includes a finding that says that "It is in the public interest to ensure that members of the public can easily and quickly find and access meeting agendas on the Internet homepage of local agencies."

Section 3 of the bill specifies that no reimbursement for local agencies to implement the bill's provisions is necessary because "the only costs that may be incurred by a local agency or school district…would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution."

1. Previous Legislation. AB 169 (Maienschein), Chapter 737, Statutes of 2015, required local agencies to use specified open data standards if they maintain an Internet Resource that is described or titled as "open data" and if they choose to post public records on that Internet Resource.

SB 272 (Hertzberg), Chapter 795, Statutes of 2015, required cities, counties, special districts, and joint powers authorities, by July 2016, to create a catalogue of their enterprise systems and make the catalog available to the public, including on the agency's website.

AB 1344 (Feuer and Alejo), Chapter 692, Statutes of 2011, required (among other things) the legislative body of a local agency to post the agenda for a regular meeting at least 72 hours in advance on the local agency's Internet Web site, as specified.

1. Committee Amendments. Given concerns raised by the opposition, the Committee may wish to consider one of the following approaches:
   1. Remove provisions of the bill requiring open formatting (on page 3, strike lines 12-19, and make conforming changes in lines 20-29); or,
   2. Add an effective date of January 1, 2020, and allow smaller agencies to opt out of the bill’s requirements if they make a finding in an open meeting that the requirements of the bill pose a fiscal burden for the agency.
2. Arguments in Support. GrassrootsLab, sponsor of this measure, writes, "Agendas in cities, counties and special districts are frequently buried on agency websites and in formats that preempt indexing and common search techniques. While many jurisdictions offer subscription services to residents, the aggregate practice of online agenda posting is uneven and undermines resident access to the business of government.

"The agencies subject to the proposed legislation provide critical services to California residents, from public safety to transportation, water management and many others. Their decisions impact both the finances of their agency and the quality of life of their constituents, who deserve ready access to their scheduled meetings and matters at hand…

"Placing the agendas on an (agency's) homepage requires no additional records be created and is a logical, intuitive place for residents to find the document. Requiring machine readability of the document is even more vital, as it will ensure the agendas are indexed by search engines and readable through a wide array of tools used in modern communication."

1. Arguments in Opposition. The California Special Districts Association, in opposition, writes, "The requirements of AB 2257 micro-manage local agencies' website development and strip their local control by dictating specifically where each local agency posts its board and committee agendas. Many of our districts have made significant investments in developing the best design, layout, and functionality of their websites to best serve the needs of their constituents…The primary role of special districts is to provide services to the public. As such, our websites are typically designed to ensure the ease of access to those services.

"AB 2257 (also) includes a mandate that an agenda be posted in a particular format that is retrievable, downloadable, indexable, electronically searchable and machine readable. Many local agencies are already moving to this type of formatting as they periodically upgrade their systems. However, the mandate in AB 2257 will require all local agencies…to upgrade their system software by January 1, 2017. This is an unnecessary mandate that places undue burdens on local agencies…This measure mandates significant changes to the current process without identifying a current lack of transparency by local agencies."

REGISTERED SUPPORT / OPPOSITION:

Support

GrassrootsLab [SPONSOR]

California Asian Pacific Chamber of Commerce

California Association of Licensed Investigators, Inc.

California Independent Oil Marketers Association

California League of Food Processors

California Manufacturers and Technology Association

California Newspaper Publishers Association

California Professional Firefighters

California Retailers Association

El Dorado Local Agency Formation Commission

Industrial Environmental Association

National Federation of Independent Business

Service Employees International Union, California State Council

Opposition

California Special Districts Association

California State Association of Counties

County of Sacramento

County of Santa Cruz

League of California Cities

Rural County Representatives of California

Urban Counties of California

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958