PLEASE NOTE:  Publication for public comment is not, and shall not, be construed as a recommendation or approval by the Board of Governors of the materials published

SUBJECT

Proposed Revisions to State Bar Rules Title 6, Division 2, Chapters 1 and 2 regarding State Bar Open Meeting Rules

BACKGROUND

The State Bar has been subject to open meeting requirements since 1975 when Business and Professions Code section 6026.5 was enacted. Section 6026.5 requires full meetings of the State Bar Board of Governors (“Board”) to be open and contains a list of specified situations in which closed sessions are allowed. In 1985, the Board adopted rules which extended open meeting requirements to its board committees. Between 1989 and 1990, the Board adopted additional rules which extended open meeting requirements to regulatory and special committees appointed by the Board. All of the open meeting rules applicable to the Board, board committees and board-appointed bodies now appear in State Bar Rules 6.50-6.54 (“open meeting rules”).

DISCUSSION/PROPOSAL

To apply some open meeting requirements of the Bagley Keene Open Meeting Act (Cal. Gov. Code § 11120 et seq.) to the Board and board committees by revising the State Bar’s open meeting rules. The proposed additional open meeting requirements would include:

  • Expand definition of a board committee subject to open meeting requirements to include advisory committees, commissions or subcommittees consisting of three or more board members.
  • Require 10 days notice for meetings instead of 5.
  • Limit circumstances under which items can be added to an agenda after the 10 day notice period.
  • Allow special or emergency meetings of the Board or board committees to be called in only limited circumstances.
  • Allow members of the public to call in to teleconference meetings of the Board and board committees.
  • Allow members of the public to directly address the Board or committee regarding any agenda item.
ANY KNOWN FISCAL/PERSONNEL IMPACT

Minimal cost associated with public call in to teleconferences

ATTACHMENTS
SOURCE

Board Committee on Stakeholder Relations May 12, 2011 Agenda Item III.B.

DEADLINE:       July 1, 2011
DIRECT COMMENTS TO:

Pat Bermudez
Office of General Counsel
180 Howard Street
San Francisco, CA 94105
415-538-2270
415-538-2321
Pat.bermudez@calbar.ca.gov