The URL can be used to link to this page

Home My WebLink AboutCM Support Proposition 54QF Agenda Item No: 3_e CITY n Meeting Date: October 3, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY MANAGER Prepared by: Rebecca Woodbury, Sr. Management Analyst City Manager Approval. TOPIC: Proposition 54 Support SUBJECT: Resolution in Support of Proposition 54, the California Legislature Transparency Act of 2016 RECOMMENDATION: Adopt Resolution supporting Proposition 54 regarding State legislation transparency. DISCUSSION: Proposition 54, the California Legislature Transparency Act, was written in response to State Legislature's practice of altering bills at the last minute and sometimes inserting unrelated legislation that is quickly voted upon with no time for public scrutiny. This measure would prohibit the Legislature from passing legislation until it has been in print and published online for at least 72 hours prior to the vote unless it is a case of public emergency. Proposition 54 also requires the Legislature, by January 1, 2019, to ensure that audiovisual recordings of all proceedings (except closed sessions) are made available online within 24 hours and archived for a minimum of 20 years. The League of California Cities recommends supporting Proposition 54, because it will improve the transparency of the California's legislative process. Last-minute bills and amendments can often be harmful to local agencies and communities. Complex measures are often passed before members of the Legislature have any realistic opportunity to review or debate them, resulting in ill-considered legislation. The opportunity for an orderly and detailed review of bills by the public, the press, and legislators will result in better laws, while thwarting political favoritism and power grabs. Additional access for the public to recordings of legislative proceedings will enhance transparency and accountability. FISCAL IMPACT: No impact. RECOMMENDED ACTION: Staff recommends that the City Council adopt the attached Resolution. OPTIONS: • Approve the Resolution ■ Modify Resolution and/or Direct Staff to Return with Modifications ■ Reject the Resolution ATTACHMENT: Resolution FOR CITY CLERK ONLY File No.: 116 x 9-1 Council Meeting: 10/03/2016 Disposition: Resolution 14202 RESOLUTION NO. 14202 RESOLUTION IN SUPPORT OF PROPOSITION 54 WHEREAS, it is essential to the maintenance of a democratic society that public business by the California Legislature be performed in an open and public manner and residents be given the opportunity to fully review every bill and express their views regarding the bill's merits to their elected representatives, before it is passed; and WHEREAS, last-minute amendments to bills in the Legislature are frequently pushed through without sufficient opportunities for public comment, or advance notice, providing members of the Legislature with no realistic opportunity to review or debate them, resulting in ill-considered legislation; and WHEREAS, few citizens have the ability to attend legislative proceedings in person, and many legislative proceedings go completely unobserved by the public and press, often leaving no record of what was said; and WHEREAS, with the availability of modem recording technology and the Internet, there is no reason why public legislative proceedings should remain relatively inaccessible to the citizens that they serve; and WHEREAS, California should also follow the lead of other states that require a 72 -hour advance notice period between the time a bill is printed and made available to the public and the time it is put to a vote, allowing an exception only in the case of a true emergency, such as a natural disaster; and WHEREAS, Proposition 54, the California Legislature Transparency Act, prohibits the Legislature from voting on a bill until it has been published online in its final form for at least 72 hours. In addition, Proposition 54: a. Allows this 72 -hour notice period to be waived to address a state emergency declared by the Governor, followed by a two thirds vote of the legislative body, prior to action being taken on the measure for which the rules are being waved; and b. Requires the Legislature, by January 1, 2019, to ensure audiovisual recordings of all public proceedings are publicly accessible on the Internet within 24 hours and archived for at least 20 years thereafter (excludes closed session meetings), and allows all recordings of public proceedings to be used for any legitimate purpose. NOW, THEREFORE, BE IT RESOLVED, that the City Council, on behalf of the residents of the City of San Rafael, hereby SUPPORTS Proposition 54, the California Legislature Transparency Act. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 3rd of October 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin Esther C. Beirne, City Clerk ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) --> CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # Date of Meeting: 10/3/2016 From: Jim Schutz Department: City Manager Date: 9/22/2016 Topic: Proposition 54 Subject: Resolution in Support of Proposition 54, the California Legislature Transparency Act of 2016 Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: Staff Report APPROVALS ® Finance Director Remarks: MM - approved 9/24 ® City Attorney Remarks: Approved with minor changes. ETD. 9/23/16 ® Author, review and accept City Attorney / Finance changes Remarks: ® City Manager Remarks: