Saturday, December 22, 2012

Prop 30 requires Local Agencies to adhere to Brown Act agenda posting laws

In the Prop 30 summary analysis prepared by the California State Attorney General it was stated that Prop 30 "Ends State Reimbursement of Open Meeting Act Costs. The Ralph M. Brown Act requires that all meetings of local legislative bodies be open and public. In the past, the state has reimbursed local governments for costs resulting from certain provisions of the Brown Act (such as the requirement to prepare and post agendas for public meetings). This measure specifies that the state would not be responsible for paying local agencies for the costs of following the open meeting procedures in the Brown Act."

This does not allow local legislative bodies to refrain from 'open and public' meetings with 'publicly posted agendas.' Prop 30 relieved the State of it financial responsibility to local agencies for reimbursement of costs associated with the Brown act ex: preparing and posting of agendas. Currently the state owes local agencies $97 million in reimbursements. Typically reimbursements have been deferred during tough economic times, yet Prop 30 will no longer allow for reimbursement. However, according to California Special Districts Association the State will be financially responsible for claims submitted through the 11/12 fiscal year.


Assembly Bill 1464 and Senate Bill 1006 were voted on during the State budget by Legislature suspending Brown Act requirements through trailer bills. Yet with the voter approval of Prop 30 local agencies are once again required to adhere to all Brown Act provisions without state reimbursement.

The Brown Act was passed in 1953 to ensure that meetings of governmental bodies were open to the public. The requirement to post agendas 72 hours before meetings was added in 1986. The Brown Act protects California citizens from legislators meeting in secret and making deals behind closed doors.

By,
Charity Maness