| 1 | | - | Assembly Bill No. 2350 CHAPTER 565An act to amend Section 54956.5 of the Government Code, relating to open meetings. [ Approved by Governor September 25, 2024. Filed with Secretary of State September 25, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2350, Hoover. Open meetings: school boards: emergencies: notifications by email.Existing law, the Ralph M. Brown Act, generally requires that meetings of a legislative body of a local agency be conducted openly and that the body provide notice, as specified, prior to its meetings. In an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, existing law authorizes a legislative body to hold an emergency meeting without complying with specified 24-hour notice and posting requirements. Existing law instead requires the presiding officer of the legislative body, or a designee, to notify specified media entities by telephone one hour before the emergency meeting or at or near the time the members of the legislative body are notified, as specified. If the telephone services are not functioning, existing law waives this notification requirement and requires the legislative body, or a designee, to notify those media entities of certain details of the emergency meeting as soon after the meeting as possible.This bill would authorize a school board holding an emergency meeting, as described above, to fulfill the premeeting notification requirement by email instead of by telephone, as specified. If the internet and telephone services are not functioning, the bill would similarly waive the premeeting notification requirement and require the postmeeting notification described above. By imposing a new requirement on school boards to send a premeeting notification by email when internet services are functioning but telephone services are not functioning, this bill would impose a state-mandated local program.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.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 54956.5 of the Government Code is amended to read:54956.5. (a) For purposes of this section, emergency situation means both of the following:(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements.(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting.(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning and the legislative body is not a school board, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the school board, or designee of the school board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 54956.5 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:(a) Communication is vital during an emergency, but it can also be challenging to maintain. Phone lines may be busy, overloaded, damaged, or not readily available depending on the circumstances of the emergency.(b) In consideration of the potential nature of time-sensitive situations, electronic communication is often employed for rapid outreach.(c) Notices sent via email to the media provide the following advantages that ensure the efficient dissemination of information effectively furthering the publics awareness and thus access to such meetings:(1) Cost-effectiveness. Email may reduce operational expenses by minimizing the need for physical resources.(2) Efficient recordkeeping. Email offers a reliable way to keep track of written messages, enhancing transparency and accountability.(3) Efficient dissemination of information. Email allows for the sending of relevant information to multiple recipients, ensuring all recipients receive the same information. |
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| 1 | + | Enrolled August 19, 2024 Passed IN Senate August 12, 2024 Passed IN Assembly August 15, 2024 Amended IN Senate May 29, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2350Introduced by Assembly Member HooverFebruary 12, 2024An act to amend Section 54956.5 of the Government Code, relating to open meetings. LEGISLATIVE COUNSEL'S DIGESTAB 2350, Hoover. Open meetings: school boards: emergencies: notifications by email.Existing law, the Ralph M. Brown Act, generally requires that meetings of a legislative body of a local agency be conducted openly and that the body provide notice, as specified, prior to its meetings. In an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, existing law authorizes a legislative body to hold an emergency meeting without complying with specified 24-hour notice and posting requirements. Existing law instead requires the presiding officer of the legislative body, or a designee, to notify specified media entities by telephone one hour before the emergency meeting or at or near the time the members of the legislative body are notified, as specified. If the telephone services are not functioning, existing law waives this notification requirement and requires the legislative body, or a designee, to notify those media entities of certain details of the emergency meeting as soon after the meeting as possible.This bill would authorize a school board holding an emergency meeting, as described above, to fulfill the premeeting notification requirement by email instead of by telephone, as specified. If the internet and telephone services are not functioning, the bill would similarly waive the premeeting notification requirement and require the postmeeting notification described above. By imposing a new requirement on school boards to send a premeeting notification by email when internet services are functioning but telephone services are not functioning, this bill would impose a state-mandated local program.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.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 54956.5 of the Government Code is amended to read:54956.5. (a) For purposes of this section, emergency situation means both of the following:(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements.(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting.(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning and the legislative body is not a school board, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the school board, or designee of the school board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 54956.5 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:(a) Communication is vital during an emergency, but it can also be challenging to maintain. Phone lines may be busy, overloaded, damaged, or not readily available depending on the circumstances of the emergency.(b) In consideration of the potential nature of time-sensitive situations, electronic communication is often employed for rapid outreach.(c) Notices sent via email to the media provide the following advantages that ensure the efficient dissemination of information effectively furthering the publics awareness and thus access to such meetings:(1) Cost-effectiveness. Email may reduce operational expenses by minimizing the need for physical resources.(2) Efficient recordkeeping. Email offers a reliable way to keep track of written messages, enhancing transparency and accountability.(3) Efficient dissemination of information. Email allows for the sending of relevant information to multiple recipients, ensuring all recipients receive the same information. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 2350, Hoover. Open meetings: school boards: emergencies: notifications by email. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law, the Ralph M. Brown Act, generally requires that meetings of a legislative body of a local agency be conducted openly and that the body provide notice, as specified, prior to its meetings. In an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, existing law authorizes a legislative body to hold an emergency meeting without complying with specified 24-hour notice and posting requirements. Existing law instead requires the presiding officer of the legislative body, or a designee, to notify specified media entities by telephone one hour before the emergency meeting or at or near the time the members of the legislative body are notified, as specified. If the telephone services are not functioning, existing law waives this notification requirement and requires the legislative body, or a designee, to notify those media entities of certain details of the emergency meeting as soon after the meeting as possible.This bill would authorize a school board holding an emergency meeting, as described above, to fulfill the premeeting notification requirement by email instead of by telephone, as specified. If the internet and telephone services are not functioning, the bill would similarly waive the premeeting notification requirement and require the postmeeting notification described above. By imposing a new requirement on school boards to send a premeeting notification by email when internet services are functioning but telephone services are not functioning, this bill would impose a state-mandated local program.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.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. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing law, the Ralph M. Brown Act, generally requires that meetings of a legislative body of a local agency be conducted openly and that the body provide notice, as specified, prior to its meetings. In an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, existing law authorizes a legislative body to hold an emergency meeting without complying with specified 24-hour notice and posting requirements. Existing law instead requires the presiding officer of the legislative body, or a designee, to notify specified media entities by telephone one hour before the emergency meeting or at or near the time the members of the legislative body are notified, as specified. If the telephone services are not functioning, existing law waives this notification requirement and requires the legislative body, or a designee, to notify those media entities of certain details of the emergency meeting as soon after the meeting as possible. |
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| 24 | 34 | | |
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| 25 | 35 | | This bill would authorize a school board holding an emergency meeting, as described above, to fulfill the premeeting notification requirement by email instead of by telephone, as specified. If the internet and telephone services are not functioning, the bill would similarly waive the premeeting notification requirement and require the postmeeting notification described above. By imposing a new requirement on school boards to send a premeeting notification by email when internet services are functioning but telephone services are not functioning, this bill would impose a state-mandated local program. |
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| 26 | 36 | | |
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| 27 | 37 | | 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. |
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| 28 | 38 | | |
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| 29 | 39 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 30 | 40 | | |
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| 31 | 41 | | 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. |
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| 32 | 42 | | |
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| 33 | 43 | | This bill would make legislative findings to that effect. |
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| 34 | 44 | | |
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| 35 | 45 | | ## Digest Key |
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| 36 | 46 | | |
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| 37 | 47 | | ## Bill Text |
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| 38 | 48 | | |
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| 39 | 49 | | The people of the State of California do enact as follows:SECTION 1. Section 54956.5 of the Government Code is amended to read:54956.5. (a) For purposes of this section, emergency situation means both of the following:(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements.(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting.(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning and the legislative body is not a school board, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the school board, or designee of the school board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 54956.5 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:(a) Communication is vital during an emergency, but it can also be challenging to maintain. Phone lines may be busy, overloaded, damaged, or not readily available depending on the circumstances of the emergency.(b) In consideration of the potential nature of time-sensitive situations, electronic communication is often employed for rapid outreach.(c) Notices sent via email to the media provide the following advantages that ensure the efficient dissemination of information effectively furthering the publics awareness and thus access to such meetings:(1) Cost-effectiveness. Email may reduce operational expenses by minimizing the need for physical resources.(2) Efficient recordkeeping. Email offers a reliable way to keep track of written messages, enhancing transparency and accountability.(3) Efficient dissemination of information. Email allows for the sending of relevant information to multiple recipients, ensuring all recipients receive the same information. |
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| 40 | 50 | | |
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| 41 | 51 | | The people of the State of California do enact as follows: |
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| 42 | 52 | | |
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| 43 | 53 | | ## The people of the State of California do enact as follows: |
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| 44 | 54 | | |
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| 45 | 55 | | SECTION 1. Section 54956.5 of the Government Code is amended to read:54956.5. (a) For purposes of this section, emergency situation means both of the following:(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements.(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting.(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning and the legislative body is not a school board, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the school board, or designee of the school board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. |
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| 46 | 56 | | |
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| 47 | 57 | | SECTION 1. Section 54956.5 of the Government Code is amended to read: |
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| 48 | 58 | | |
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| 49 | 59 | | ### SECTION 1. |
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| 50 | 60 | | |
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| 51 | 61 | | 54956.5. (a) For purposes of this section, emergency situation means both of the following:(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements.(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting.(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning and the legislative body is not a school board, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the school board, or designee of the school board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. |
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| 52 | 62 | | |
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| 53 | 63 | | 54956.5. (a) For purposes of this section, emergency situation means both of the following:(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements.(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting.(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning and the legislative body is not a school board, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the school board, or designee of the school board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. |
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| 54 | 64 | | |
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| 55 | 65 | | 54956.5. (a) For purposes of this section, emergency situation means both of the following:(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements.(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting.(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning and the legislative body is not a school board, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the school board, or designee of the school board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.(e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. |
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| 56 | 66 | | |
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| 57 | 67 | | |
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| 58 | 68 | | |
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| 59 | 69 | | 54956.5. (a) For purposes of this section, emergency situation means both of the following: |
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| 60 | 70 | | |
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| 61 | 71 | | (1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. |
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| 62 | 72 | | |
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| 63 | 73 | | (2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. |
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| 64 | 74 | | |
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| 65 | 75 | | (b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements. |
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| 66 | 76 | | |
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| 67 | 77 | | (2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. |
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| 68 | 78 | | |
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| 69 | 79 | | (A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning and the legislative body is not a school board, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. |
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| 70 | 80 | | |
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| 71 | 81 | | (B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the school board, or designee of the school board, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. |
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| 72 | 82 | | |
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| 73 | 83 | | (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. |
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| 74 | 84 | | |
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| 75 | 85 | | (d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. |
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| 76 | 86 | | |
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| 77 | 87 | | (e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. |
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| 78 | 88 | | |
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| 79 | 89 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
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| 80 | 90 | | |
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| 81 | 91 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
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| 82 | 92 | | |
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| 83 | 93 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. |
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| 84 | 94 | | |
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| 85 | 95 | | ### SEC. 2. |
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| 86 | 96 | | |
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| 87 | 97 | | SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 54956.5 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:(a) Communication is vital during an emergency, but it can also be challenging to maintain. Phone lines may be busy, overloaded, damaged, or not readily available depending on the circumstances of the emergency.(b) In consideration of the potential nature of time-sensitive situations, electronic communication is often employed for rapid outreach.(c) Notices sent via email to the media provide the following advantages that ensure the efficient dissemination of information effectively furthering the publics awareness and thus access to such meetings:(1) Cost-effectiveness. Email may reduce operational expenses by minimizing the need for physical resources.(2) Efficient recordkeeping. Email offers a reliable way to keep track of written messages, enhancing transparency and accountability.(3) Efficient dissemination of information. Email allows for the sending of relevant information to multiple recipients, ensuring all recipients receive the same information. |
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| 88 | 98 | | |
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| 89 | 99 | | SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 54956.5 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:(a) Communication is vital during an emergency, but it can also be challenging to maintain. Phone lines may be busy, overloaded, damaged, or not readily available depending on the circumstances of the emergency.(b) In consideration of the potential nature of time-sensitive situations, electronic communication is often employed for rapid outreach.(c) Notices sent via email to the media provide the following advantages that ensure the efficient dissemination of information effectively furthering the publics awareness and thus access to such meetings:(1) Cost-effectiveness. Email may reduce operational expenses by minimizing the need for physical resources.(2) Efficient recordkeeping. Email offers a reliable way to keep track of written messages, enhancing transparency and accountability.(3) Efficient dissemination of information. Email allows for the sending of relevant information to multiple recipients, ensuring all recipients receive the same information. |
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| 90 | 100 | | |
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| 91 | 101 | | SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 54956.5 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: |
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| 92 | 102 | | |
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| 93 | 103 | | ### SEC. 3. |
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| 94 | 104 | | |
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| 95 | 105 | | (a) Communication is vital during an emergency, but it can also be challenging to maintain. Phone lines may be busy, overloaded, damaged, or not readily available depending on the circumstances of the emergency. |
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| 96 | 106 | | |
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| 97 | 107 | | (b) In consideration of the potential nature of time-sensitive situations, electronic communication is often employed for rapid outreach. |
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| 98 | 108 | | |
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| 99 | 109 | | (c) Notices sent via email to the media provide the following advantages that ensure the efficient dissemination of information effectively furthering the publics awareness and thus access to such meetings: |
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| 100 | 110 | | |
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| 101 | 111 | | (1) Cost-effectiveness. Email may reduce operational expenses by minimizing the need for physical resources. |
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| 102 | 112 | | |
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| 103 | 113 | | (2) Efficient recordkeeping. Email offers a reliable way to keep track of written messages, enhancing transparency and accountability. |
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| 104 | 114 | | |
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| 105 | 115 | | (3) Efficient dissemination of information. Email allows for the sending of relevant information to multiple recipients, ensuring all recipients receive the same information. |
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