LEGISLATIVE COUNSEL'S DIGEST


SB 711, as amended, Leno. Public meetings: closed sessions: labor
negotiations.
(1) The Ralph M. Brown Act requires the meetings of the
legislative body of a local agency to be conducted openly and
publicly, with specified exceptions. Under the act, the legislative
body of a local agency may hold a closed session with the local
agencies' designated representatives regarding negotiations
concerning employee compensation , among other things, but
is required, in an open and public session prior to those closed
sessions, to disclose specified information identifying the agency's
designated representatives. Existing law prohibits a closed
session from including any final action on the proposed compensation
of unrepresented employees. The act also requires the legislative
body of a local agency to publicly report any action taken in closed
session, as prescribed, including the approval of an agreement
concluding labor negotiations with represented employees after the
agreement is final and has been accepted or ratified by the other
party. The act provides a legislative body or elected official is not
in violation of certain provisions of the act if the agenda that
describes a closed session item is in substantial compliance by
including specified information.
This bill would additionally require a local agency, before
holding a closed session regarding employee compensation, to identify
the employee or class of employees that are the subject of the
negotiations, the representatives of the employees, and to provide an
oral report by its designated representative on the current status
of the negotiations. The bill would additionally require any action
of the legislative body on the collective bargaining agreement or
initial proposal to be taken at an open and public session.

The bill would revise the prohibition against a closed session
for these purposes and require any final action taken pursuant to a
closed session to be conducted during an open and public regular
meeting of the legislative body, but only after specified public
disclosures. The bill would also make a conforming change to delete
the requirement that the legislative body publicly report the action
taken in closed session after the agreement is final. The bill would
also make conforming changes to the information required to be
included in an agenda describing a closed session, for purposes of
compliance with the act.
The bill would impose a state-mandated local program by imposing
new duties upon local agencies.
This bill would additionally require a local agency, before
holding a closed session, as described above, for the purpose of
having designated representatives report on a collectively bargained
agreement with represented employees, to make the agreement publicly
available at least 15 calendar days before the meeting at which the
agreement is to be reported, thus imposing a state-mandated local
program.
(2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.

---

Comments/questions on SB 711 (Leno): Public meetings: closed sessions: labor negotiations.