CC SR 20220419 E - AB 2449 and AB 1944_Hybrid Meetings
CITY COUNCIL MEETING DATE: 04/19/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign letters of support for
Assembly Bill (AB) No. 2449 and AB 1944.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter of support for AB 2449, which would allow local
legislative bodies to use teleconferencing during public meetings so long as at
least a quorum of members of the body participate in person; and,
(2) Authorize the Mayor to sign a letter of support for AB 1944, which would allow
public officials to attend Brown Act meetings remotely without being required to
publish their addresses or open their remote location to members of the public .
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in support of AB 2449 (page A-1)
B. Draft letter in support of AB 1944 (page B-1)
C. Text of AB 2449 (as introduced February 17, 2022) (page C-1)
D. Text of AB 1944 (as introduced February 10, 2022) (page D-1)
E. April 5, 2022 staff report from the City Attorney on meeting format options
BACKGROUND AND DISUCSSION:
On November 2, 2021, the City Council adopted the City’s 2022 Legislative Platform,
outlining the policy positions of the City.1 The platform includes the support of legislation
1 The 2022 Legislative Platform, and a record of the bills the City Council has taken a position on during
the 2021-2022 legislative session, is available at rpvca.gov/LegislationCorner.
1
that allows for the continued use of teleconferencing platforms to continue holding hybrid
public meetings outside of a declared state of emergency (2022 Legislative Platform, item
5.D.).
Additionally, at its meeting on April 5, 2022, the City Council directed Staff to explore
sending a letter in support of AB 2449, which pertains to use of teleconferencing during
public meetings. AB 1944 was also discussed at the meeting, and Staff has prepared an
analysis of both bills in this report.
Existing law, the Ralph M. Brown Act (Brown Act), requires, among other things, that all
meetings of a legislative body of a local agency be open and public and that all persons
be permitted to attend and participate. The act allows for meetings to occur via
teleconferencing subject to certain requirements, particularly that t he legislative body
notice each teleconference location of each member that will be participating in the public
meeting, that each teleconference location be accessible to the public, that members of
the public be allowed to address the legislative body at each teleconference location, that
the legislative body post an agenda at each teleconference location, and that at least a
quorum of the legislative body participate from locations within the boundaries of the local
agency’s jurisdiction.
Beginning in early March 2020, a series of Executive Orders culminating in AB 361
(Statutes of 2021), allowed local legislative bodies to meet remotely during proclaimed
states of emergency under modified Brown Act requirements, specifically allowing bodies
to hold meetings entirely virtually or in a hybrid format without the notice of locations of
each teleconference location (see Attachment E for additional analysis).
AB 2449 and AB 1944 seek to expand the use of the hybrid format outside of declared
states of emergency.
AB 2449: Open Meetings: Local Agencies: Teleconferences
AB 2449, introduced by Assemblymember Blanca Rubio (Baldwin Park), would allow local
officials to attend meetings remotely, so long as at least a quorum of the legislative body
attends in person at a noticed location within the jurisdiction’s boundaries and all remote
members to participate by both audio and video technology. It would also allow the public
to be able to provide public comment in real time, in-person or remotely – either by phone
or an internet-based option. The bill also clarifies that there must be a procedure for
resolving requests for reasonable accommodation for individuals with disabilities.
Functionally, AB 2449 would allow the City to continue its hybrid format, with the majority
of Councilmembers participating in person but allowing for teleconferencing if an
individual Councilmember is unable to attend the meeting in person, regardless of
declared states of emergency. The bill would additionally allow the City to continue
offering both in-person and remote, via internet-based service, opportunities for public
comment during meetings in which a Councilmember is participating remotely.
2
AB 1944: Local Government: Open and Public Meetings
AB 1944, introduced by Assemblymembers Alex Lee (San Jose) and Cristina Garcia (Bell
Gardens), would allow public officials to attend Brown Act meetings remotely without
being required to publish their address or open their remote location to members of the
public. Legislative bodies using this would be required to provide a publicly accessible
live video stream of the meeting online and a way for members of the public to provide
comments remotely, either by phone or audio-visual means.
Similar to AB 2449, AB 1944 would allow the City to continue to utilize its hybrid format,
requiring continuation of the City’s use of video streaming broadcast of the meeting.
Comparison of AB 2449 and AB 1944
As currently drafted, the parameters of the two bills are compared in the table below:
AB 2449 AB 1944
Maximum Number of
Legislative Body
Participating
Remotely
One fewer than required for
quorum, so long as quorum
is physically present at
noticed location.
One fewer than required for
quorum, so long as quorum
is physically present at
noticed location.
Notice Requirements Only meeting location must
be publicly noticed and
accessible – must be within
boundaries of jurisdiction.
Agenda must provide notice
of how members of the
public can provide comment.
Only meeting location must
be publicly noticed and
accessible – must be within
boundaries of jurisdiction.
Teleconference location
must be noticed if it is a
public location.
Legislative Body
Teleconference
Requirement
Teleconferencing members
must use both audio and
video technology.
Teleconferencing members
may use audio-video or
audio-only.
Public Participation
Requirements
Public must be given option
to address the body in
person and remotely (call-in
or internet-based).
Public must be given option
to address the body remotely
(call-in or audio-
visual/internet-based).
Video Stream
Requirements
None. A video stream must be
accessible to the public.
3
ADDITIONAL INFORMATION:
As of the writing of this report, both bills have been referred to the Assembly Local
Government Committee, their first committee. A hearing date has not yet been set.
It is highly likely that modifications will be made to one or both bills as they move through
the legislative process. Staff anticipates that only one will bill ultimately move forward, as
both propose functionally similar changes to the Brown Act.
CONCLUSION:
Both bills would allow the City continued flexibility in utilizing teleconferencing during
public meetings. While these bills both impose participation requirements, such as
requiring that public comments be taken in real time remotely when the legislative body
utilizes teleconferencing, they align with the City’s existing practice and preference for
maintaining enhanced participation options and transparency.
The Brown Act already includes provisions for individual councilmembers to participate
remotely, however, both bills seek to remove the requirement that such remote locations
be publicly noticed and accessible, recognizing the development of telecommunications
technology.
The requirements imposed by each of the bills – remote public participation (AB 2449 and
AB 1944) and video stream availability (AB 1944) – are practices that the City already
uses for the majority of its public meetings. All meetings currently offer remote public
participation, and direction has been given to continue to incorporate remote public
participation. Additionally, most meetings are already streamed on the City website – all
City Council and Planning Commission meetings, and most committee meetings,
although all committee meetings are currently being streamed via Zoom.
Staff has prepared a draft letter in support of AB 2449 and AB 1944 for the City Council’s
consideration (Attachments A and B). Given the City Council’s direction provided at the
meeting on April 5, 2022, and the City’s position as stated in the 2022 Legislative Platform,
Staff recommends the City Council authorize the Mayor to sign the letter s as drafted, or
with revisions.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter(s).
2. Do not authorize the Mayor to sign the letter(s).
3. Take other action, as deemed appropriate.
4
April 19, 2022 Via Email
The Honorable Blanca Rubio
California State Assembly
1021 O Street, Suite 5140
Sacramento, CA 95814
SUBJECT: Notice of Support for AB 2449
Dear Assemblymember Rubio:
The City of Rancho Palos Verdes supports AB 2449, which allows local officials to attend
meetings remotely, so long as at least a quorum of the legislative body attends in person.
Since Governor Newsom’s Executive Order N-25-20 on March 12, 2020, the City of
Rancho Palos Verdes has been conducting virtual or hybrid meetings. Over the course
of the pandemic, members of the public have been allowed to provide live comments to
the City Council via Zoom teleconferencing or call-in information, as well as in-person
participation during periods of decreased transmission. During this period, the City
Council routinely met with all or most councilmembers attending in person, with limited
teleconference use by councilmembers when they were otherwise unavailable to attend
in person, such as traveling out of the City.
Utilizing teleconferencing services increases transparency and accessibility for open
and public meetings, and the ability to continue to utilize teleconferencing options is
beneficial and convenient to the community. The City has seen an increase in public
participation during meetings as a result of virtual participation options and allows the
public to participate from a convenient location, typically in the comfort of their own
home.
Looking to the future, with the lifting of the Executive Order and/or expiration of AB 361
(Statutes of 2021), the City Council looks forward to the ability to continue this model
without the current Brown Act requirement that telecommunications locations be noticed
and accessible to the public. AB 2449 successfully modernizes existing law to align with
the technological capacities of telecommunications software, providing public access
while also protecting the safety of councilmembers participating remotely.
A-1
Assemblymember Rubio
April 19, 2022
Page 2
The City is supportive of policies that allow for the continued use of teleconferencing
platforms to continue holding hybrid public meetings outside of a declared state of
emergency. For these reasons, the City of Rancho Palos Verdes supports AB 2449.
Sincerely,
David L. Bradley
Mayor, City of Rancho Palos Verdes
cc: Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assemblymember, 66th State Assembly District
Cecilia Aguiar-Curry, Chair, Assembly Committee on Local Government
Jeff Kiernan, League of California Cities
Marcel Rodarte, California Contract Cities Association
Sharon Gonsalves, Renne Public Policy Group
Rancho Palos Verdes City Council and City Manager
A-2
April 19, 2022 Via Email
The Honorable Alex Lee
California State Assembly
State Capitol – Room 2170
P.O. Box 942849
Sacramento, CA 94249-0025
The Honorable Cristina Garcia
California State Assembly
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0058
SUBJECT: Notice of Support for AB 1944
The City of Rancho Palos Verdes supports AB 1944, which allows local officials to attend
meetings remotely without being required to provide public notice and access to their
private location.
Since Governor Newsom’s Executive Order N-25-20 on March 12, 2020, the City of
Rancho Palos Verdes has been conducting virtual or hybrid meetings. Over the course
of the pandemic, members of the public have been allowed to provide live comments to
the City Council via Zoom teleconferencing or call-in information, as well as in-person
participation during periods of decreased transmission. During this period, the City
Council routinely met with all or most councilmembers attending in person, with limited
teleconference use by councilmembers when they were otherwise unavailable to attend
in person, such as traveling out of the City.
Utilizing teleconferencing services increases transparency and accessibility for open
and public meetings, and the ability to continue to utilize teleconferencing options is
beneficial and convenient to the community. The City has seen an increase in public
participation during meetings as a result of virtual participation options , and allows the
public to participate from a convenient location, typically in the comfort of their own
home.
B-1
Assemblymember Lee and Assemblymember Garcia
April 19, 2022
Page 2
Looking to the future, with the lifting of the Executive Order and/or expiration of AB 361
(Statutes of 2021), the City Council looks forward to the ability to continue this model
without the current Brown Act requirement that telecommunications locations be noticed
and accessible to the public. AB 1944 successfully modernizes existing law to align with
the technological capacities of telecommunications software, providing public access
while also protecting the safety of councilmembers participating remotely.
The City is supportive of policies that allow for the continued use of teleconferencing
platforms to continue holding hybrid public meetings outside of a declared state of
emergency. For these reasons, the City of Rancho Palos Verdes supports AB 1944.
Sincerely,
David L. Bradley
Mayor, City of Rancho Palos Verdes
cc: Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assemblymember, 66th State Assembly District
Cecilia Aguiar-Curry, Chair, Assembly Committee on Local Government
Jeff Kiernan, League of California Cities
Marcel Rodarte, California Contract Cities Association
Sharon Gonsalves, Renne Public Policy Group
Rancho Palos Verdes City Council and City Manager
B-2
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2449
Introduced by Assembly Member Blanca Rubio
February 17, 2022
An act to amend Section 54953 of the Government Code, relating to
local government.
legislative counsel’s digest
AB 2449, as introduced, Blanca Rubio. Open meetings: local
agencies: teleconferences.
Existing law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate. The act contains specified provisions
regarding the timelines for posting an agenda and providing for the
ability of the public to observe and provide comment. The act allows
for meetings to occur via teleconferencing subject to certain
requirements, particularly that the legislative body notice each
teleconference location of each member that will be participating in the
public meeting, that each teleconference location be accessible to the
public, that members of the public be allowed to address the legislative
body at each teleconference location, that the legislative body post an
agenda at each teleconference location, and that at least a quorum of
the legislative body participate from locations within the boundaries of
the local agency’s jurisdiction. The act provides an exemption to the
jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes a local agency to use
teleconferencing without complying with those specified
teleconferencing requirements in specified circumstances when a
99 C-1
declared state of emergency is in effect, or in other situations related
to public health.
This bill would authorize a local agency to use teleconferencing
without complying with those specified teleconferencing requirements
if at least a quorum of the members of the legislative body participates
in person from a singular location clearly identified on the agenda that
is open to the public and situated within the local agency’s jurisdiction.
The bill would impose prescribed requirements for this exception
relating to notice, agendas, the means and manner of access, and
procedures for disruptions. The bill would require the legislative body
to implement a procedure for receiving and swiftly resolving requests
for reasonable accommodation for individuals with disabilities,
consistent with federal law.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the
interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code, as
line 2 amended by Section 3 of Chapter 165 of the Statutes of 2021, is
line 3 amended to read:
line 4 54953. (a) All meetings of the legislative body of a local
line 5 agency shall be open and public, and all persons shall be permitted
line 6 to attend any meeting of the legislative body of a local agency,
line 7 except as otherwise provided in this chapter.
line 8 (b) (1) Notwithstanding any other provision of law, the
line 9 legislative body of a local agency may use teleconferencing for
99
— 2 — AB 2449 C-2
line 1 the benefit of the public and the legislative body of a local agency
line 2 in connection with any meeting or proceeding authorized by law.
line 3 The teleconferenced meeting or proceeding shall comply with all
line 4 otherwise applicable requirements of this chapter and all otherwise
line 5 applicable provisions of law relating to a specific type of meeting
line 6 or proceeding.
line 7 (2) Teleconferencing, as authorized by this section, may be used
line 8 for all purposes in connection with any meeting within the subject
line 9 matter jurisdiction of the legislative body. All votes taken during
line 10 a teleconferenced meeting shall be by rollcall.
line 11 (3) If the legislative body of a local agency elects to use
line 12 teleconferencing, it shall post agendas at all teleconference
line 13 locations and conduct teleconference meetings in a manner that
line 14 protects the statutory and constitutional rights of the parties or the
line 15 public appearing before the legislative body of a local agency.
line 16 Each teleconference location shall be identified in the notice and
line 17 agenda of the meeting or proceeding, and each teleconference
line 18 location shall be accessible to the public. During the teleconference,
line 19 at least a quorum of the members of the legislative body shall
line 20 participate from locations within the boundaries of the territory
line 21 over which the local agency exercises jurisdiction, except as
line 22 provided in subdivisions (d) and (e). The agenda shall provide an
line 23 opportunity for members of the public to address the legislative
line 24 body directly pursuant to Section 54954.3 at each teleconference
line 25 location.
line 26 (4) For the purposes of this section, “teleconference” means a
line 27 meeting of a legislative body, the members of which are in different
line 28 locations, connected by electronic means, through either audio or
line 29 video, or both. Nothing in this section shall prohibit a local agency
line 30 from providing the public with additional teleconference locations.
line 31 (c) (1) No legislative body shall take action by secret ballot,
line 32 whether preliminary or final.
line 33 (2) The legislative body of a local agency shall publicly report
line 34 any action taken and the vote or abstention on that action of each
line 35 member present for the action.
line 36 (3) Prior to taking final action, the legislative body shall orally
line 37 report a summary of a recommendation for a final action on the
line 38 salaries, salary schedules, or compensation paid in the form of
line 39 fringe benefits of a local agency executive, as defined in
line 40 subdivision (d) of Section 3511.1, during the open meeting in
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AB 2449 — 3 — C-3
line 1 which the final action is to be taken. This paragraph shall not affect
line 2 the public’s right under the California Public Records Act (Chapter
line 3 3.5 (commencing with Section 6250) of Division 7 of Title 1)
line 4 (Division 10 (commencing with Section 7920.000) if Title 1) to
line 5 inspect or copy records created or received in the process of
line 6 developing the recommendation.
line 7 (d) (1) Notwithstanding the provisions relating to a quorum in
line 8 paragraph (3) of subdivision (b), if a health authority conducts a
line 9 teleconference meeting, members who are outside the jurisdiction
line 10 of the authority may be counted toward the establishment of a
line 11 quorum when participating in the teleconference if at least 50
line 12 percent of the number of members that would establish a quorum
line 13 are present within the boundaries of the territory over which the
line 14 authority exercises jurisdiction, and the health authority provides
line 15 a teleconference number, and associated access codes, if any, that
line 16 allows any person to call in to participate in the meeting and the
line 17 number and access codes are identified in the notice and agenda
line 18 of the meeting.
line 19 (2) Nothing in this subdivision shall be construed as
line 20 discouraging health authority members from regularly meeting at
line 21 a common physical site within the jurisdiction of the authority or
line 22 from using teleconference locations within or near the jurisdiction
line 23 of the authority. A teleconference meeting for which a quorum is
line 24 established pursuant to this subdivision shall be subject to all other
line 25 requirements of this section.
line 26 (3) For purposes of this subdivision, a health authority means
line 27 any entity created pursuant to Sections 14018.7, 14087.31,
line 28 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 29 and Institutions Code, any joint powers authority created pursuant
line 30 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 31 Division 7 for the purpose of contracting pursuant to Section
line 32 14087.3 of the Welfare and Institutions Code, and any advisory
line 33 committee to a county-sponsored health plan licensed pursuant to
line 34 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 35 Health and Safety Code if the advisory committee has 12 or more
line 36 members.
line 37 (e) (1) A local agency may use teleconferencing without
line 38 complying with the requirements of paragraph (3) of subdivision
line 39 (b) if the legislative body complies with the requirements of
99
— 4 — AB 2449 C-4
line 1 paragraph (2) of this subdivision in any of the following
line 2 circumstances:
line 3 (A) The legislative body holds a meeting during a proclaimed
line 4 state of emergency, and state or local officials have imposed or
line 5 recommended measures to promote social distancing.
line 6 (B) The legislative body holds a meeting during a proclaimed
line 7 state of emergency for the purpose of determining, by majority
line 8 vote, whether as a result of the emergency, meeting in person
line 9 would present imminent risks to the health or safety of attendees.
line 10 (C) The legislative body holds a meeting during a proclaimed
line 11 state of emergency and has determined, by majority vote, pursuant
line 12 to subparagraph (B), that, as a result of the emergency, meeting
line 13 in person would present imminent risks to the health or safety of
line 14 attendees.
line 15 (2) A legislative body that holds a meeting pursuant to this
line 16 subdivision shall do all of the following:
line 17 (A) The legislative body shall give notice of the meeting and
line 18 post agendas as otherwise required by this chapter.
line 19 (B) The legislative body shall allow members of the public to
line 20 access the meeting and the agenda shall provide an opportunity
line 21 for members of the public to address the legislative body directly
line 22 pursuant to Section 54954.3. In each instance in which notice of
line 23 the time of the teleconferenced meeting is otherwise given or the
line 24 agenda for the meeting is otherwise posted, the legislative body
line 25 shall also give notice of the means by which members of the public
line 26 may access the meeting and offer public comment. The agenda
line 27 shall identify and include an opportunity for all persons to attend
line 28 via a call-in option or an internet-based service option. This
line 29 subparagraph shall not be construed to require the legislative body
line 30 to provide a physical location from which the public may attend
line 31 or comment.
line 32 (C) The legislative body shall conduct teleconference meetings
line 33 in a manner that protects the statutory and constitutional rights of
line 34 the parties and the public appearing before the legislative body of
line 35 a local agency.
line 36 (D) In the event of a disruption which that prevents the public
line 37 agency from broadcasting the meeting to members of the public
line 38 using the call-in option or internet-based service option, or in the
line 39 event of a disruption within the local agency’s control which that
line 40 prevents members of the public from offering public comments
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AB 2449 — 5 — C-5
line 1 using the call-in option or internet-based service option, the body
line 2 shall take no further action on items appearing on the meeting
line 3 agenda until public access to the meeting via the call-in option or
line 4 internet-based service option is restored. Actions taken on agenda
line 5 items during a disruption which that prevents the public agency
line 6 from broadcasting the meeting may be challenged pursuant to
line 7 Section 54960.1.
line 8 (E) The legislative body shall not require public comments to
line 9 be submitted in advance of the meeting and must provide an
line 10 opportunity for the public to address the legislative body and offer
line 11 comment in real time. This subparagraph shall not be construed
line 12 to require the legislative body to provide a physical location from
line 13 which the public may attend or comment.
line 14 (F) Notwithstanding Section 54953.3, an individual desiring to
line 15 provide public comment through the use of an internet website, or
line 16 other online platform, not under the control of the local legislative
line 17 body, that requires registration to log in to a teleconference may
line 18 be required to register as required by the third-party internet
line 19 website or online platform to participate.
line 20 (G) (i) A legislative body that provides a timed public comment
line 21 period for each agenda item shall not close the public comment
line 22 period for the agenda item, or the opportunity to register, pursuant
line 23 to subparagraph (F), to provide public comment until that timed
line 24 public comment period has elapsed.
line 25 (ii) A legislative body that does not provide a timed public
line 26 comment period, but takes public comment separately on each
line 27 agenda item, shall allow a reasonable amount of time per agenda
line 28 item to allow public members the opportunity to provide public
line 29 comment, including time for members of the public to register
line 30 pursuant to subparagraph (F), or otherwise be recognized for the
line 31 purpose of providing public comment.
line 32 (iii) A legislative body that provides a timed general public
line 33 comment period that does not correspond to a specific agenda item
line 34 shall not close the public comment period or the opportunity to
line 35 register, pursuant to subparagraph (F), until the timed general
line 36 public comment period has elapsed.
line 37 (3) If a state of emergency remains active, or state or local
line 38 officials have imposed or recommended measures to promote
line 39 social distancing, in order to continue to teleconference without
line 40 compliance with paragraph (3) of subdivision (b), the legislative
99
— 6 — AB 2449 C-6
line 1 body shall, not later than 30 days after teleconferencing for the
line 2 first time pursuant to subparagraph (A), (B), or (C) of paragraph
line 3 (1), and every 30 days thereafter, make the following findings by
line 4 majority vote:
line 5 (A) The legislative body has reconsidered the circumstances of
line 6 the state of emergency.
line 7 (B) Any of the following circumstances exist:
line 8 (i) The state of emergency continues to directly impact the
line 9 ability of the members to meet safely in person.
line 10 (ii) State or local officials continue to impose or recommend
line 11 measures to promote social distancing.
line 12 (4) For the purposes of this subdivision, “state of emergency”
line 13 means a state of emergency proclaimed pursuant to Section 8625
line 14 of the California Emergency Services Act (Article 1 (commencing
line 15 with Section 8550) of Chapter 7 of Division 1 of Title 2).
line 16 (f) A local agency may use teleconferencing without complying
line 17 with paragraph (3) of subdivision (b) if, during the teleconference
line 18 meeting, at least a quorum of the members of the legislative body
line 19 participates in person from a singular location clearly identified
line 20 on the agenda, which location shall be open to the public and
line 21 situated within the boundaries of the territory over which the local
line 22 agency exercises jurisdiction and the legislative body complies
line 23 with all of the following:
line 24 (1) The legislative body shall give notice of the meeting and
line 25 post agendas as otherwise required by this chapter.
line 26 (2) All members of the legislative body attending the meeting
line 27 by teleconference shall participate only through both audio and
line 28 visual technology.
line 29 (3) The legislative body shall allow members of the public to
line 30 access the meeting and the agenda shall provide an opportunity
line 31 for members of the public to address the legislative body directly
line 32 pursuant to Section 54954.3. In each instance in which notice of
line 33 the time of the meeting is otherwise given or the agenda for the
line 34 meeting is otherwise posted, the legislative body shall also give
line 35 notice of the means by which members of the public may access
line 36 the meeting and offer public comment. The agenda shall identify
line 37 and include an opportunity for all persons to attend via a call-in
line 38 option or an internet-based service option, and an opportunity for
line 39 members of the public to attend and address the legislative body
line 40 at the in-person location of the meeting.
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AB 2449 — 7 — C-7
line 1 (4) The legislative body shall conduct teleconference meetings
line 2 in a manner that protects the statutory and constitutional rights
line 3 of the parties and the public appearing before the legislative body
line 4 of a local agency.
line 5 (5) In the event of a disruption that prevents the public agency
line 6 from broadcasting the meeting to members of the public using the
line 7 call-in option or internet-based service option, or in the event of
line 8 a disruption within the local agency’s control that prevents
line 9 members of the public from offering public comments using the
line 10 call-in option or internet-based service option, the body shall take
line 11 no further action on items appearing on the meeting agenda until
line 12 public access to the meeting via the call-in option or internet-based
line 13 service option is restored. Actions taken on agenda items during
line 14 a disruption that prevents the public agency from broadcasting
line 15 the meeting may be challenged pursuant to Section 54960.1.
line 16 (6) The legislative body shall not require public comments to
line 17 be submitted in advance of the meeting and must provide an
line 18 opportunity for the public to address the legislative body and offer
line 19 comment in real time.
line 20 (7) Notwithstanding Section 54953.3, an individual desiring to
line 21 provide public comment through the use of an internet website, or
line 22 other online platform, not under the control of the local legislative
line 23 body, that requires registration to log in to a teleconference may
line 24 be required to register as required by the third-party internet
line 25 website or online platform to participate.
line 26 (8) The legislative body shall have and implement a procedure
line 27 for receiving and swiftly resolving requests for reasonable
line 28 accommodation for individuals with disabilities, consistent with
line 29 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
line 30 Sec. 12132), and resolving any doubt in favor of accessibility. In
line 31 each instance in which notice of the time of the meeting is otherwise
line 32 given or the agenda for the meeting is otherwise posted, the
line 33 legislative body shall also give notice of the procedure for receiving
line 34 and resolving requests for accommodation.
line 35 (f)
line 36 (g) This section shall remain in effect only until January 1, 2024,
line 37 and as of that date is repealed.
line 38 SEC. 2. Section 54953 of the Government Code, as added by
line 39 Section 4 of Chapter 165 of the Statutes of 2021, is amended to
line 40 read:
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— 8 — AB 2449 C-8
line 1 54953. (a) All meetings of the legislative body of a local
line 2 agency shall be open and public, and all persons shall be permitted
line 3 to attend any meeting of the legislative body of a local agency,
line 4 except as otherwise provided in this chapter.
line 5 (b) (1) Notwithstanding any other provision of law, the
line 6 legislative body of a local agency may use teleconferencing for
line 7 the benefit of the public and the legislative body of a local agency
line 8 in connection with any meeting or proceeding authorized by law.
line 9 The teleconferenced meeting or proceeding shall comply with all
line 10 requirements of this chapter and all otherwise applicable provisions
line 11 of law relating to a specific type of meeting or proceeding.
line 12 (2) Teleconferencing, as authorized by this section, may be used
line 13 for all purposes in connection with any meeting within the subject
line 14 matter jurisdiction of the legislative body. All votes taken during
line 15 a teleconferenced meeting shall be by rollcall.
line 16 (3) If the legislative body of a local agency elects to use
line 17 teleconferencing, it shall post agendas at all teleconference
line 18 locations and conduct teleconference meetings in a manner that
line 19 protects the statutory and constitutional rights of the parties or the
line 20 public appearing before the legislative body of a local agency.
line 21 Each teleconference location shall be identified in the notice and
line 22 agenda of the meeting or proceeding, and each teleconference
line 23 location shall be accessible to the public. During the teleconference,
line 24 at least a quorum of the members of the legislative body shall
line 25 participate from locations within the boundaries of the territory
line 26 over which the local agency exercises jurisdiction, except as
line 27 provided in subdivision (d). The agenda shall provide an
line 28 opportunity for members of the public to address the legislative
line 29 body directly pursuant to Section 54954.3 at each teleconference
line 30 location.
line 31 (4) For the purposes of this section, “teleconference” means a
line 32 meeting of a legislative body, the members of which are in different
line 33 locations, connected by electronic means, through either audio or
line 34 video, or both. Nothing in this section shall prohibit a local agency
line 35 from providing the public with additional teleconference locations
line 36 (c) (1) No legislative body shall take action by secret ballot,
line 37 whether preliminary or final.
line 38 (2) The legislative body of a local agency shall publicly report
line 39 any action taken and the vote or abstention on that action of each
line 40 member present for the action.
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AB 2449 — 9 — C-9
line 1 (3) Prior to taking final action, the legislative body shall orally
line 2 report a summary of a recommendation for a final action on the
line 3 salaries, salary schedules, or compensation paid in the form of
line 4 fringe benefits of a local agency executive, as defined in
line 5 subdivision (d) of Section 3511.1, during the open meeting in
line 6 which the final action is to be taken. This paragraph shall not affect
line 7 the public’s right under the California Public Records Act (Chapter
line 8 3.5 (commencing with Section 6250) of Division 7 of Title 1)
line 9 (Division 10 (commencing with Section 7920.000) of Title 1) to
line 10 inspect or copy records created or received in the process of
line 11 developing the recommendation.
line 12 (d) (1) Notwithstanding the provisions relating to a quorum in
line 13 paragraph (3) of subdivision (b), if a health authority conducts a
line 14 teleconference meeting, members who are outside the jurisdiction
line 15 of the authority may be counted toward the establishment of a
line 16 quorum when participating in the teleconference if at least 50
line 17 percent of the number of members that would establish a quorum
line 18 are present within the boundaries of the territory over which the
line 19 authority exercises jurisdiction, and the health authority provides
line 20 a teleconference number, and associated access codes, if any, that
line 21 allows any person to call in to participate in the meeting and the
line 22 number and access codes are identified in the notice and agenda
line 23 of the meeting.
line 24 (2) Nothing in this subdivision shall be construed as
line 25 discouraging health authority members from regularly meeting at
line 26 a common physical site within the jurisdiction of the authority or
line 27 from using teleconference locations within or near the jurisdiction
line 28 of the authority. A teleconference meeting for which a quorum is
line 29 established pursuant to this subdivision shall be subject to all other
line 30 requirements of this section.
line 31 (3) For purposes of this subdivision, a health authority means
line 32 any entity created pursuant to Sections 14018.7, 14087.31,
line 33 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 34 and Institutions Code, any joint powers authority created pursuant
line 35 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 36 Division 7 for the purpose of contracting pursuant to Section
line 37 14087.3 of the Welfare and Institutions Code, and any advisory
line 38 committee to a county-sponsored health plan licensed pursuant to
line 39 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
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— 10 — AB 2449 C-10
line 1 Health and Safety Code if the advisory committee has 12 or more
line 2 members.
line 3 (e) A local agency may use teleconferencing without complying
line 4 with the requirements of paragraph (3) of subdivision (b) if, during
line 5 the teleconference meeting, at least a quorum of the members of
line 6 the legislative body participates in person from a singular location
line 7 clearly identified on the agenda, which location shall be open to
line 8 the public and situated within the boundaries of the territory over
line 9 which the local agency exercises jurisdiction and the legislative
line 10 body complies with all of the following:
line 11 (1) The legislative body shall give notice of the meeting and
line 12 post agendas as otherwise required by this chapter.
line 13 (2) All members of the legislative body attending the meeting
line 14 by teleconference shall participate only through both audio and
line 15 visual technology.
line 16 (3) The legislative body shall allow members of the public to
line 17 access the meeting and the agenda shall provide an opportunity
line 18 for members of the public to address the legislative body directly
line 19 pursuant to Section 54954.3. In each instance in which notice of
line 20 the time of the meeting is otherwise given or the agenda for the
line 21 meeting is otherwise posted, the legislative body shall also give
line 22 notice of the means by which members of the public may access
line 23 the meeting and offer public comment. The agenda shall identify
line 24 and include an opportunity for all persons to attend via a call-in
line 25 option or an internet-based service option, and an opportunity for
line 26 members of the public to attend and address the legislative body
line 27 at the in-person location of the meeting.
line 28 (4) The legislative body shall conduct teleconference meetings
line 29 in a manner that protects the statutory and constitutional rights
line 30 of the parties and the public appearing before the legislative body
line 31 of a local agency.
line 32 (5) In the event of a disruption that prevents the public agency
line 33 from broadcasting the meeting to members of the public using the
line 34 call-in option or internet-based service option, or in the event of
line 35 a disruption within the local agency’s control that prevents
line 36 members of the public from offering public comments using the
line 37 call-in option or internet-based service option, the body shall take
line 38 no further action on items appearing on the meeting agenda until
line 39 public access to the meeting via the call-in option or internet-based
line 40 service option is restored. Actions taken on agenda items during
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AB 2449 — 11 — C-11
line 1 a disruption that prevents the public agency from broadcasting
line 2 the meeting may be challenged pursuant to Section 54960.1.
line 3 (6) The legislative body shall not require public comments to
line 4 be submitted in advance of the meeting and must provide an
line 5 opportunity for the public to address the legislative body and offer
line 6 comment in real time.
line 7 (7) Notwithstanding Section 54953.3, an individual desiring to
line 8 provide public comment through the use of an internet website, or
line 9 other online platform, not under the control of the local legislative
line 10 body, that requires registration to log in to a teleconference may
line 11 be required to register as required by the third-party internet
line 12 website or online platform to participate.
line 13 (8) The legislative body shall have and implement a procedure
line 14 for receiving and swiftly resolving requests for reasonable
line 15 accommodation for individuals with disabilities, consistent with
line 16 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
line 17 Sec. 12132), and resolving any doubt in favor of accessibility. In
line 18 each instance in which notice of the time of the meeting is otherwise
line 19 given or the agenda for the meeting is otherwise posted, the
line 20 legislative body shall also give notice of the procedure for receiving
line 21 and resolving requests for accommodation.
line 22 (e)
line 23 (f) This section shall become operative January 1, 2024.
line 24 SEC. 3. The Legislature finds and declares that Sections 1 and
line 25 2 of this act, which amend Section 54953 of the Government Code,
line 26 impose a limitation on the public’s right of access to the meetings
line 27 of public bodies or the writings of public officials and agencies
line 28 within the meaning of Section 3 of Article I of the California
line 29 Constitution. Pursuant to that constitutional provision, the
line 30 Legislature makes the following findings to demonstrate the interest
line 31 protected by this limitation and the need for protecting that interest:
line 32 By removing the requirement for agendas to be placed at the
line 33 location of each public official participating in a public meeting
line 34 remotely, including from the member’s private home or hospital
line 35 room, this act protects the personal, private information of public
line 36 officials and their families while preserving the public’s right to
line 37 access information concerning the conduct of the people’s business.
line 38 SEC. 4. The Legislature finds and declares that Sections 1 and
line 39 2 of this act, which amend Section 54953 of the Government Code,
line 40 further, within the meaning of paragraph (7) of subdivision (b) of
99
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line 1 Section 3 of Article I of the California Constitution, the purposes
line 2 of that constitutional section as it relates to the right of public
line 3 access to the meetings of local public bodies or the writings of
line 4 local public officials and local agencies. Pursuant to paragraph (7)
line 5 of subdivision (b) of Section 3 of Article I of the California
line 6 Constitution, the Legislature makes the following findings:
line 7 This act is necessary to ensure minimum standards for public
line 8 participation and notice requirements allowing for greater public
line 9 participation in teleconference meetings.
O
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AB 2449 — 13 — C-13
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1944
Introduced by Assembly Members Lee and Cristina Garcia
February 10, 2022
An act to amend Section 54953 of the Government Code, relating to
public meetings.
legislative counsel’s digest
AB 1944, as introduced, Lee. Local government: open and public
meetings.
Existing law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate. The act contains specified provisions
regarding the timelines for posting an agenda and providing for the
ability of the public to observe and provide comment. The act allows
for meetings to occur via teleconferencing subject to certain
requirements, particularly that the legislative body notice each
teleconference location of each member that will be participating in the
public meeting, that each teleconference location be accessible to the
public, that members of the public be allowed to address the legislative
body at each teleconference location, that the legislative body post an
agenda at each teleconference location, and that at least a quorum of
the legislative body participate from locations within the boundaries of
the local agency’s jurisdiction. The act provides an exemption to the
jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes a local agency to use
teleconferencing without complying with those specified
teleconferencing requirements in specified circumstances when a
99 D-1
declared state of emergency is in effect, or in other situations related
to public health.
This bill would specify that if a member of a legislative body elects
to teleconference from a location that is not public, the address does
not need to be identified in the notice and agenda or be accessible to
the public when the legislative body has elected to allow members to
participate via teleconferencing.
This bill would require all open and public meetings of a legislative
body that elects to use teleconferencing to provide a video stream
accessible to members of the public and an option for members of the
public to address the body remotely during the public comment period
through an audio-visual or call-in option.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the
interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code, as
line 2 amended by Section 3 of Chapter 165 of the Statutes of 2021, is
line 3 amended to read:
line 4 54953. (a) All meetings of the legislative body of a local
line 5 agency shall be open and public, and all persons shall be permitted
line 6 to attend any meeting of the legislative body of a local agency,
line 7 except as otherwise provided in this chapter.
line 8 (b) (1) Notwithstanding any other provision of law, the
line 9 legislative body of a local agency may use teleconferencing for
line 10 the benefit of the public and the legislative body of a local agency
99
— 2 — AB 1944 D-2
line 1 in connection with any meeting or proceeding authorized by law.
line 2 The teleconferenced meeting or proceeding shall comply with all
line 3 otherwise applicable requirements of this chapter and all otherwise
line 4 applicable provisions of law relating to a specific type of meeting
line 5 or proceeding.
line 6 (2) Teleconferencing, as authorized by this section, may be used
line 7 for all purposes in connection with any meeting within the subject
line 8 matter jurisdiction of the legislative body. All votes taken during
line 9 a teleconferenced meeting shall be by rollcall.
line 10 (3) If the legislative body of a local agency elects to use
line 11 teleconferencing, it shall post agendas at all teleconference
line 12 locations and conduct teleconference meetings in a manner that
line 13 protects the statutory and constitutional rights of the parties or the
line 14 public appearing before the legislative body of a local agency.
line 15 Each teleconference location shall be identified in the notice and
line 16 agenda of the meeting or proceeding, and each teleconference
line 17 location shall be accessible to the public. public, except as provided
line 18 in subparagraph (A). During the teleconference, at least a quorum
line 19 of the members of the legislative body shall participate from
line 20 locations within the boundaries of the territory over which the
line 21 local agency exercises jurisdiction, except as provided in
line 22 subdivisions (d) and (e). The agenda shall provide an opportunity
line 23 for members of the public to address the legislative body directly
line 24 pursuant to Section 54954.3 at each teleconference location.
line 25 location, except as provided in subparagraph (A).
line 26 (A) If a member of a legislative body elects to teleconference
line 27 from a location that is not public, the address does not need to be
line 28 identified in the notice and agenda or be accessible to the public
line 29 when the legislative body has elected to allow members to
line 30 participate via teleconferencing.
line 31 (B) If a legislative body elects to use teleconferencing, they shall
line 32 provide both of the following:
line 33 (i) A video stream accessible to members of the public.
line 34 (ii) An option for members of the public to address the body
line 35 remotely during the public comment period through an audio-visual
line 36 or call-in option.
line 37 (4) For the purposes of this section, “teleconference” means a
line 38 meeting of a legislative body, the members of which are in different
line 39 locations, connected by electronic means, through either audio or
99
AB 1944 — 3 — D-3
line 1 video, or both. Nothing in this section shall prohibit a local agency
line 2 from providing the public with additional teleconference locations.
line 3 (5) For the purposes of this section, “video streaming” means
line 4 media in which the data from a live filming or a video file is
line 5 continuously delivered via the internet to a remote user, allowing
line 6 a video to be viewed online by the public without being downloaded
line 7 on a host computer or device.
line 8 (c) (1) No legislative body shall take action by secret ballot,
line 9 whether preliminary or final.
line 10 (2) The legislative body of a local agency shall publicly report
line 11 any action taken and the vote or abstention on that action of each
line 12 member present for the action.
line 13 (3) Prior to taking final action, the legislative body shall orally
line 14 report a summary of a recommendation for a final action on the
line 15 salaries, salary schedules, or compensation paid in the form of
line 16 fringe benefits of a local agency executive, as defined in
line 17 subdivision (d) of Section 3511.1, during the open meeting in
line 18 which the final action is to be taken. This paragraph shall not affect
line 19 the public’s right under the California Public Records Act (Chapter
line 20 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
line 21 inspect or copy records created or received in the process of
line 22 developing the recommendation.
line 23 (d) (1) Notwithstanding the provisions relating to a quorum in
line 24 paragraph (3) of subdivision (b), if a health authority conducts a
line 25 teleconference meeting, members who are outside the jurisdiction
line 26 of the authority may be counted toward the establishment of a
line 27 quorum when participating in the teleconference if at least 50
line 28 percent of the number of members that would establish a quorum
line 29 are present within the boundaries of the territory over which the
line 30 authority exercises jurisdiction, and the health authority provides
line 31 a teleconference number, and associated access codes, if any, that
line 32 allows any person to call in to participate in the meeting and the
line 33 number and access codes are identified in the notice and agenda
line 34 of the meeting.
line 35 (2) Nothing in this subdivision shall be construed as
line 36 discouraging health authority members from regularly meeting at
line 37 a common physical site within the jurisdiction of the authority or
line 38 from using teleconference locations within or near the jurisdiction
line 39 of the authority. A teleconference meeting for which a quorum is
99
— 4 — AB 1944 D-4
line 1 established pursuant to this subdivision shall be subject to all other
line 2 requirements of this section.
line 3 (3) For purposes of this subdivision, a health authority means
line 4 any entity created pursuant to Sections 14018.7, 14087.31,
line 5 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 6 and Institutions Code, any joint powers authority created pursuant
line 7 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 8 Division 7 for the purpose of contracting pursuant to Section
line 9 14087.3 of the Welfare and Institutions Code, and any advisory
line 10 committee to a county-sponsored health plan licensed pursuant to
line 11 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 12 Health and Safety Code if the advisory committee has 12 or more
line 13 members.
line 14 (e) (1) A local agency may use teleconferencing without
line 15 complying with the requirements of paragraph (3) of subdivision
line 16 (b) if the legislative body complies with the requirements of
line 17 paragraph (2) of this subdivision in any of the following
line 18 circumstances:
line 19 (A) The legislative body holds a meeting during a proclaimed
line 20 state of emergency, and state or local officials have imposed or
line 21 recommended measures to promote social distancing.
line 22 (B) The legislative body holds a meeting during a proclaimed
line 23 state of emergency for the purpose of determining, by majority
line 24 vote, whether as a result of the emergency, meeting in person
line 25 would present imminent risks to the health or safety of attendees.
line 26 (C) The legislative body holds a meeting during a proclaimed
line 27 state of emergency and has determined, by majority vote, pursuant
line 28 to subparagraph (B), that, as a result of the emergency, meeting
line 29 in person would present imminent risks to the health or safety of
line 30 attendees.
line 31 (2) A legislative body that holds a meeting pursuant to this
line 32 subdivision shall do all of the following:
line 33 (A) The legislative body shall give notice of the meeting and
line 34 post agendas as otherwise required by this chapter.
line 35 (B) The legislative body shall allow members of the public to
line 36 access the meeting and the agenda shall provide an opportunity
line 37 for members of the public to address the legislative body directly
line 38 pursuant to Section 54954.3. In each instance in which notice of
line 39 the time of the teleconferenced meeting is otherwise given or the
line 40 agenda for the meeting is otherwise posted, the legislative body
99
AB 1944 — 5 — D-5
line 1 shall also give notice of the means by which members of the public
line 2 may access the meeting and offer public comment. The agenda
line 3 shall identify and include an opportunity for all persons to attend
line 4 via a call-in option or an internet-based service option. This
line 5 subparagraph shall not be construed to require the legislative body
line 6 to provide a physical location from which the public may attend
line 7 or comment.
line 8 (C) The legislative body shall conduct teleconference meetings
line 9 in a manner that protects the statutory and constitutional rights of
line 10 the parties and the public appearing before the legislative body of
line 11 a local agency.
line 12 (D) In the event of a disruption which prevents the public agency
line 13 from broadcasting the meeting to members of the public using the
line 14 call-in option or internet-based service option, or in the event of
line 15 a disruption within the local agency’s control which prevents
line 16 members of the public from offering public comments using the
line 17 call-in option or internet-based service option, the body shall take
line 18 no further action on items appearing on the meeting agenda until
line 19 public access to the meeting via the call-in option or internet-based
line 20 service option is restored. Actions taken on agenda items during
line 21 a disruption which prevents the public agency from broadcasting
line 22 the meeting may be challenged pursuant to Section 54960.1.
line 23 (E) The legislative body shall not require public comments to
line 24 be submitted in advance of the meeting and must provide an
line 25 opportunity for the public to address the legislative body and offer
line 26 comment in real time. This subparagraph shall not be construed
line 27 to require the legislative body to provide a physical location from
line 28 which the public may attend or comment.
line 29 (F) Notwithstanding Section 54953.3, an individual desiring to
line 30 provide public comment through the use of an internet website, or
line 31 other online platform, not under the control of the local legislative
line 32 body, that requires registration to log in to a teleconference may
line 33 be required to register as required by the third-party internet
line 34 website or online platform to participate.
line 35 (G) (i) A legislative body that provides a timed public comment
line 36 period for each agenda item shall not close the public comment
line 37 period for the agenda item, or the opportunity to register, pursuant
line 38 to subparagraph (F), to provide public comment until that timed
line 39 public comment period has elapsed.
99
— 6 — AB 1944 D-6
line 1 (ii) A legislative body that does not provide a timed public
line 2 comment period, but takes public comment separately on each
line 3 agenda item, shall allow a reasonable amount of time per agenda
line 4 item to allow public members the opportunity to provide public
line 5 comment, including time for members of the public to register
line 6 pursuant to subparagraph (F), or otherwise be recognized for the
line 7 purpose of providing public comment.
line 8 (iii) A legislative body that provides a timed general public
line 9 comment period that does not correspond to a specific agenda item
line 10 shall not close the public comment period or the opportunity to
line 11 register, pursuant to subparagraph (F), until the timed general
line 12 public comment period has elapsed.
line 13 (3) If a state of emergency remains active, or state or local
line 14 officials have imposed or recommended measures to promote
line 15 social distancing, in order to continue to teleconference without
line 16 compliance with paragraph (3) of subdivision (b), the legislative
line 17 body shall, not later than 30 days after teleconferencing for the
line 18 first time pursuant to subparagraph (A), (B), or (C) of paragraph
line 19 (1), and every 30 days thereafter, make the following findings by
line 20 majority vote:
line 21 (A) The legislative body has reconsidered the circumstances of
line 22 the state of emergency.
line 23 (B) Any of the following circumstances exist:
line 24 (i) The state of emergency continues to directly impact the
line 25 ability of the members to meet safely in person.
line 26 (ii) State or local officials continue to impose or recommend
line 27 measures to promote social distancing.
line 28 (4) For the purposes of this subdivision, “state of emergency”
line 29 means a state of emergency proclaimed pursuant to Section 8625
line 30 of the California Emergency Services Act (Article 1 (commencing
line 31 with Section 8550) of Chapter 7 of Division 1 of Title 2).
line 32 (f) This section shall remain in effect only until January 1, 2024,
line 33 and as of that date is repealed.
line 34 SEC. 2. Section 54953 of the Government Code, as added by
line 35 Section 4 of Chapter 165 of the Statutes of 2021, is amended to
line 36 read:
line 37 54953. (a) All meetings of the legislative body of a local
line 38 agency shall be open and public, and all persons shall be permitted
line 39 to attend any meeting of the legislative body of a local agency,
line 40 except as otherwise provided in this chapter.
99
AB 1944 — 7 — D-7
line 1 (b) (1) Notwithstanding any other provision of law, the
line 2 legislative body of a local agency may use teleconferencing for
line 3 the benefit of the public and the legislative body of a local agency
line 4 in connection with any meeting or proceeding authorized by law.
line 5 The teleconferenced meeting or proceeding shall comply with all
line 6 requirements of this chapter and all otherwise applicable provisions
line 7 of law relating to a specific type of meeting or proceeding.
line 8 (2) Teleconferencing, as authorized by this section, may be used
line 9 for all purposes in connection with any meeting within the subject
line 10 matter jurisdiction of the legislative body. All votes taken during
line 11 a teleconferenced meeting shall be by rollcall.
line 12 (3) If the legislative body of a local agency elects to use
line 13 teleconferencing, it shall post agendas at all teleconference
line 14 locations and conduct teleconference meetings in a manner that
line 15 protects the statutory and constitutional rights of the parties or the
line 16 public appearing before the legislative body of a local agency.
line 17 Each teleconference location shall be identified in the notice and
line 18 agenda of the meeting or proceeding, and each teleconference
line 19 location shall be accessible to the public. public, except as provided
line 20 in subparagraph (A). During the teleconference, at least a quorum
line 21 of the members of the legislative body shall participate from
line 22 locations within the boundaries of the territory over which the
line 23 local agency exercises jurisdiction, except as provided in
line 24 subdivision (d). The agenda shall provide an opportunity for
line 25 members of the public to address the legislative body directly
line 26 pursuant to Section 54954.3 at each teleconference location.
line 27 location, except as provided in subparagraph (A).
line 28 (A) If a member of a legislative body elects to teleconference
line 29 from a location that is not public, the address does not need to be
line 30 identified in the notice and agenda, or be accessible to the public
line 31 when the legislative body has elected to allow members to
line 32 participate via teleconferencing.
line 33 (B) If a legislative body elects to use teleconferencing, they shall
line 34 provide both of the following:
line 35 (i) A video stream accessible to members of the public.
line 36 (ii) An option for members of the public to address the body
line 37 remotely during the public comment period through an audio-visual
line 38 or call-in option.
line 39 (4) For the purposes of this section, “teleconference” means a
line 40 meeting of a legislative body, the members of which are in different
99
— 8 — AB 1944 D-8
line 1 locations, connected by electronic means, through either audio or
line 2 video, or both. Nothing in this section shall prohibit a local agency
line 3 from providing the public with additional teleconference locations
line 4 (5) For the purposes of this section, “video streaming” means
line 5 media in which the data from a live filming or a video file is
line 6 continuously delivered via the internet to a remote user, allowing
line 7 a video to be viewed online by the public without being downloaded
line 8 on a host computer or device.
line 9 (c) (1) No legislative body shall take action by secret ballot,
line 10 whether preliminary or final.
line 11 (2) The legislative body of a local agency shall publicly report
line 12 any action taken and the vote or abstention on that action of each
line 13 member present for the action.
line 14 (3) Prior to taking final action, the legislative body shall orally
line 15 report a summary of a recommendation for a final action on the
line 16 salaries, salary schedules, or compensation paid in the form of
line 17 fringe benefits of a local agency executive, as defined in
line 18 subdivision (d) of Section 3511.1, during the open meeting in
line 19 which the final action is to be taken. This paragraph shall not affect
line 20 the public’s right under the California Public Records Act (Chapter
line 21 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
line 22 inspect or copy records created or received in the process of
line 23 developing the recommendation.
line 24 (d) (1) Notwithstanding the provisions relating to a quorum in
line 25 paragraph (3) of subdivision (b), if a health authority conducts a
line 26 teleconference meeting, members who are outside the jurisdiction
line 27 of the authority may be counted toward the establishment of a
line 28 quorum when participating in the teleconference if at least 50
line 29 percent of the number of members that would establish a quorum
line 30 are present within the boundaries of the territory over which the
line 31 authority exercises jurisdiction, and the health authority provides
line 32 a teleconference number, and associated access codes, if any, that
line 33 allows any person to call in to participate in the meeting and the
line 34 number and access codes are identified in the notice and agenda
line 35 of the meeting.
line 36 (2) Nothing in this subdivision shall be construed as
line 37 discouraging health authority members from regularly meeting at
line 38 a common physical site within the jurisdiction of the authority or
line 39 from using teleconference locations within or near the jurisdiction
line 40 of the authority. A teleconference meeting for which a quorum is
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line 1 established pursuant to this subdivision shall be subject to all other
line 2 requirements of this section.
line 3 (3) For purposes of this subdivision, a health authority means
line 4 any entity created pursuant to Sections 14018.7, 14087.31,
line 5 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 6 and Institutions Code, any joint powers authority created pursuant
line 7 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 8 Division 7 for the purpose of contracting pursuant to Section
line 9 14087.3 of the Welfare and Institutions Code, and any advisory
line 10 committee to a county-sponsored health plan licensed pursuant to
line 11 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 12 Health and Safety Code if the advisory committee has 12 or more
line 13 members.
line 14 (e) This section shall become operative January 1, 2024.
line 15 SEC. 3. The Legislature finds and declares that Sections 1 and
line 16 2 of this act, which amends Section 54953 of the Government
line 17 Code, further, within the meaning of paragraph (7) of subdivision
line 18 (b) of Section 3 of Article I of the California Constitution, the
line 19 purposes of that constitutional section as it relates to the right of
line 20 public access to the meetings of local public bodies or the writings
line 21 of local public officials and local agencies. Pursuant to paragraph
line 22 (7) of subdivision (b) of Section 3 of Article I of the California
line 23 Constitution, the Legislature makes the following findings:
line 24 This act is necessary to ensure minimum standards for public
line 25 participation allowing for greater public participation in
line 26 teleconference meetings.
line 27 SEC. 4. (a) The Legislature finds and declares that during the
line 28 COVID-19 public health emergency, certain requirements of the
line 29 Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
line 30 of Part 1 of Division 2 of Title 5 of the Government Code) and the
line 31 Bagley-Keene Open Meeting Act (Article 9 (commencing with
line 32 Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
line 33 the Government Code) were suspended by Executive Order No.
line 34 N-29-20. Audio and video teleconference were widely used to
line 35 conduct public meetings in lieu of physical location meetings, and
line 36 public meetings conducted by teleconference during the COVID-19
line 37 public health emergency have been productive, have increased
line 38 public participation by all members of the public regardless of
line 39 their location in the state and ability to travel to physical meeting
line 40 locations, have protected the health and safety of civil servants
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line 1 and the public, and have reduced travel costs incurred by members
line 2 of state bodies and reduced work hours spent traveling to and from
line 3 meetings.
line 4 (b) The Legislature finds and declares that Sections 1 and 2 of
line 5 this act, which amend Section 54953 of the Government Code,
line 6 imposes a potential limitation on the public’s right of access to the
line 7 meetings of public bodies or the writings of public officials and
line 8 agencies within the meaning of Section 3 of Article I of the
line 9 California Constitution. Pursuant to that constitutional provision,
line 10 the Legislature makes the following findings to demonstrate the
line 11 interest protected by this potential limitation and the need for
line 12 protecting that interest:
line 13 By removing the requirement for each teleconference location
line 14 to be identified in the notice and agenda, including the member’s
line 15 private home address, this act protects the personal, private
line 16 information of public officials and their families while preserving
line 17 the public’s right to access information concerning the conduct of
line 18 the people’s business.
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