AB 2598

Bill Subjects

Abstract

Under existing law, a city or county is empowered to perform duties, including providing for public safety and law enforcement. A city or county is authorized, either directly or indirectly, to prescribe policies and regulations for law enforcement agencies under its jurisdiction. This bill would require a California law enforcement agency that participates in the Federal Bureau of Investigation's (FBI) Joint Terrorism Task Force (JTTF) to do so only in a manner that is fully consistent with the laws of the State of California, including the agency's own policies, procedures, and orders. The bill would require, before a California law enforcement agency enters into or amends a Memorandum of Understanding (MOU) with a federal law enforcement agency regarding the agency's participation on the JTTF, that the agency submit the proposed MOU and any orders, policies, and procedures relevant to the subject matter of the MOU to its governing body, or the Attorney General as appropriate, for approval. This bill would require a local governing body to post information relating to the proposed MOU on its internet website and to, at a regularly scheduled hearing, with an opportunity for public comment, consider the MOU for adoption by resolution or ordinance on the regular, nonconsent calendar. The bill would require the Attorney General to post a proposed MOU submitted to it for approval by a state law enforcement agency, and all relevant material, on its internet website and allow at least 90 days to receive and consider public comment before considering the MOU for approval. This bill would require a participating local law enforcement agency to provide by February 1 of each year, to its local governing body and to the Department of Justice a written, public report about its activities in the JTTF between January 1 and December 31 of the prior year that contains specified information, including, among other things, the number of local law enforcement officers assigned to the JTTF and the funding source. The bill would require the Attorney General to post all of the reports on its internet website, without any redaction. This bill would require the local governing body of any county, city, or city and county in which a local law enforcement agency has participated on the JTTF during the last year to hold at least one community forum during the following year to provide information to the public about the law enforcement agency's participation in the JTTF and to receive and consider public comment. The bill would also require the local law enforcement agency to participate in the forum, as specified. Because this bill would impose additional requirements on local public agencies, the bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. 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 no reimbursement is required by this act for a specified reason.