Bagley-Keane Act
Encyclopedia
The Bagley-Keene Act of 1967, officially known as the Bagley-Keene Open Meeting Act, implements a provision of the California Constitution
which declares that "the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny", and explicitly mandates open meetings for California
State agencies, boards, and commissions. The act facilitates accountability and transparency of government activities and protects the rights of citizens to participate in State government deliberations. Similarly, California's Brown Act
of 1953 protects citizen rights
with regard to open meetings at the county and local government level.
The act also reaffirms that "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created."
item before or during the state body's discussion or consideration of an item. However, the Act allows a great many exceptions to this provision.
Notice shall be provided notice of State body meetings to any person who makes such a request in writing at least 10 days in advance. Notices shall include a specific agenda for meetings, including the items of business to be transacted or discussed, and no item shall be added to the agenda subsequent to the notice. Agendas of public meetings and other writings, when distributed to the members of a state body for discussion or consideration at a public meeting of such body, are public records under the California Public Records Act
.
State bodies may, however, take action on non-agendized items of business under certain circumstances, most notably upon a determination by a majority vote of the State body that an emergency situation exists.
Any person attending an open and public meeting of a State body shall have the right to record the proceedings on a tape recorder.
Each member of the state body shall be provided a copy of the Act upon his or her appointment to membership or assumption of office.
No State agency shall conduct any meeting or function in any facility prohibiting admittance to any person on the basis of race, religious creed, color, national origin, ancestry, or sex.
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...
which declares that "the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny", and explicitly mandates open meetings for California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
State agencies, boards, and commissions. The act facilitates accountability and transparency of government activities and protects the rights of citizens to participate in State government deliberations. Similarly, California's Brown Act
Brown Act
The Ralph M. Brown Act, was an act of the California State Legislature, authored by Assemblymember Ralph M. Brown and passed in 1953, that guaranteed the public’s right to attend and participate in meetings of local legislative bodies....
of 1953 protects citizen rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
with regard to open meetings at the county and local government level.
The act also reaffirms that "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created."
Select provisions of Act
Except as otherwise provided, State bodies shall provide an opportunity for members of the public to directly address the State body on each agendaAgenda (meeting)
An agenda is a list of meeting activities in the order in which they are to be taken up, by beginning with the call to order and ending with adjournment. It usually includes one or more specific items of business to be discussed. It may, but is not required to, include specific times for one or...
item before or during the state body's discussion or consideration of an item. However, the Act allows a great many exceptions to this provision.
Notice shall be provided notice of State body meetings to any person who makes such a request in writing at least 10 days in advance. Notices shall include a specific agenda for meetings, including the items of business to be transacted or discussed, and no item shall be added to the agenda subsequent to the notice. Agendas of public meetings and other writings, when distributed to the members of a state body for discussion or consideration at a public meeting of such body, are public records under the California Public Records Act
California Public Records Act
The California Public Records Act was a law passed by the California State Legislature and signed by the Governor in 1968 requiring inpection and/or disclosure of governmental records to the public upon request, unless exempted by law.The law is similar to the Freedom of Information Act,...
.
State bodies may, however, take action on non-agendized items of business under certain circumstances, most notably upon a determination by a majority vote of the State body that an emergency situation exists.
Any person attending an open and public meeting of a State body shall have the right to record the proceedings on a tape recorder.
Each member of the state body shall be provided a copy of the Act upon his or her appointment to membership or assumption of office.
No State agency shall conduct any meeting or function in any facility prohibiting admittance to any person on the basis of race, religious creed, color, national origin, ancestry, or sex.
Act's preamble
Section 11120: It is the public policy of this state that public agencies exist to aid in the conduct of the people's business and the proceedings of public agencies be conducted openly so that the public may remain informed. In enacting this article the Legislature finds and declares that it is the intent of the law that actions of state agencies be taken openly and that their deliberation be conducted openly. The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. This article shall be known and may be cited as the Bagley-Keene Open Meeting Act.See also
- Brown ActBrown ActThe Ralph M. Brown Act, was an act of the California State Legislature, authored by Assemblymember Ralph M. Brown and passed in 1953, that guaranteed the public’s right to attend and participate in meetings of local legislative bodies....
- California Public Records ActCalifornia Public Records ActThe California Public Records Act was a law passed by the California State Legislature and signed by the Governor in 1968 requiring inpection and/or disclosure of governmental records to the public upon request, unless exempted by law.The law is similar to the Freedom of Information Act,...
- Freedom of Information ActFreedom of Information Act (United States)The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
- Sunshine law
- Transparency (humanities)Transparency (humanities)Transparency, as used in science, engineering, business, the humanities and in a social context more generally, implies openness, communication, and accountability. Transparency is operating in such a way that it is easy for others to see what actions are performed...
(metaphorical term, also related to politicsPoliticsPolitics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
) - Government of CaliforniaGovernment of CaliforniaThe government of California operates in the context of a democratic republic with three branches of government: the executive branch consisting of the Governor of California and the other elected constitutional officers; the legislative branch consisting of the California State Legislature which...
- Conflict of interestConflict of interestA conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
- California First Amendment CoalitionCalifornia First Amendment CoalitionThe First Amendment Coalition is a nonprofit public interest organization committed to freedom of speech, more open and accountable government, and public participation in civic affairs...
- Californians AwareCalifornians AwareCalifornians Aware, The Center for Public Forum Rights, also known as CalAware, is a Carmichael, California based nonprofit organization established to help journalists and others keep Californians aware of what they need to know to hold government and other powerful institutions accountable for...
External links
- CFAC.org - 'Dow Jones & Co., Inc. v. California Independent System Operator Corporation Board of Governors; Case No. 01 CS 00141' Neil L. Shapiro, California First Amendment CoalitionCalifornia First Amendment CoalitionThe First Amendment Coalition is a nonprofit public interest organization committed to freedom of speech, more open and accountable government, and public participation in civic affairs...
(February 12, 2001) - CFAC.org - 'California Public Records Act: Explanatory Q & A', California First Amendment Coalition
- California Government Code - Link to text of Bagley-Keane Act