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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 707Introduced by Senator DurazoFebruary 21, 2025 An act to amend Sections 54953, 54954.2, and 54954.3 of, to add Sections 54953.8, 54953.8.1, and 54953.8.2 to, and to add and repeal Sections 54953.8.3, 54953.8.4, 54953.8.5, 54953.8.6, 54953.8.7, and 54953.9 of, the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTSB 707, as introduced, Durazo. Open meetings: meeting and teleconference requirements.(1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate.This bill would, until January 1, 2030, require a city council or a county board of supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform, as defined, that a system is in place for requesting and receiving interpretation services for public meetings, as specified, and that good faith efforts are made to encourage residents to participate in public meetings, as specified. By imposing additional meeting requirements on city councils and county boards of supervisors, this bill would impose a state-mandated local program.(2) Existing law requires a legislative body of a local agency or its designee, at least 72 hours before a regular meeting, to post an agenda that meets specified requirements, including that the agenda contain a brief general description of each item of business to be transacted or discussed at the meeting, as specified.This bill would also require the agenda to be provided in English and in all other languages spoken jointly by 20% or more of the population in the county in which the local agency is located that, among other things, speaks English less than very well, as specified. By imposing additional agenda requirements on legislative bodies of local agencies, this bill would impose a state-mandated local program.Existing law requires every agenda for regular meetings to provide an opportunity for members of the public to directly address the legislative body on any item of interest of the public, as specified. Existing law specifies that the agenda is not required to provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, as specified.This bill would remove the provision related to an item that has already been considered by a committee.(3) Existing law authorizes the legislative body of a local agency to use teleconferencing, as specified, and requires a legislative body of a local agency that elects to use teleconferencing to comply with specified general requirements, including that the local agency post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified.Existing law authorizes members who are outside the jurisdiction of a health authority, as defined, that conducts a teleconferencing meeting to, notwithstanding the above-described general teleconference provisions, count towards the establishment of a quorum when participating in the teleconference if, among other things, at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction.Existing law, authorizes, in certain circumstances, the legislative body of a local agency to use specified alternative teleconferencing which include provisions related to, among others, notice of the means by which members of the public may access the meeting and offer public comment and identifying and including an opportunity for all persons to attend via a call-in option or an internet-based service option. Those circumstances in which the legislative body of a local agency is authorized to use the alternative teleconferencing provisions include specified circumstances relating to a state of emergency, as defined, and, until January 1, 2026, subject to specified limitations, a members need to participate remotely due to just cause or emergency circumstances, as defined.Existing law also authorizes certain eligible legislative bodies, including neighborhood councils and student body associations and student-run community college organizations to, until January 1, 2026, use alternate teleconferencing if, among other requirements, the city council or board of trustees, as applicable, has adopted an authorizing resolution and 2/3 of the neighborhood city council or specified student organization, as applicable, votes to use alternate teleconference provisions, as specified.This bill would revise and recast the above-specified alternative teleconferencing provisions to uniformly apply certain noticing, accessibility, and public commenting provisions. The bill would require a legislative body of a local agency that elects to use teleconferencing pursuant to these alternative teleconferencing provisions to comply with specified requirements, including that the legislative body provides at least either two-way audiovisual platform or two-way telephonic service and a live webcasting of the meeting as a means by which the public may, among other things, remotely hear and visually observe the meeting, and that a member of the legislative body who participates in a teleconference meeting from a remote location is listed in the minutes of the meeting. The bill would require the local agency to identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.The bill would instead authorize a health authority, as defined, to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions.The bill would revise and recast the alternative teleconferencing provisions applicable in a state of emergency, as defined. The bill would also include a local emergency, as defined, as a circumstance in which a legislative body of a local agency is authorized to use the alternative teleconferencing provisions.The bill would revise and recast the alternative teleconferencing provisions applicable in cases of a members need to participate remotely due to just cause or emergency circumstances, as defined, to remove the provision applicable to emergency circumstances and to broaden the definition of just cause to include a physical or family medical emergency that prevents a member from attending in person. The bill would extend the authorization to use the alternative teleconferencing provision until January 1, 2030.The bill would revise and recast the alternative teleconferencing provisions applicable to neighborhood councils and student body associations and student-run community college organizations and would extend the authorization to use the alternative teleconferencing provision until January 1, 2030.The bill would, until January 1, 2030, also authorize specified subsidiary bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the subsidiary body designates a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting, as specified.The bill would, until January 1, 2030, also authorize specified multijurisdictional bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the eligible multijurisdictional body has adopted a resolution that authorizes the multijurisdictional body to use teleconferencing at a regular meeting in open session. (4) 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.(5) 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.(6) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(7) 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.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 54953 of the Government Code, as amended by Section 2 of Chapter 534 of the Statutes of 2023, is amended to read:54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:(A)The legislative body has reconsidered the circumstances of the state of emergency.(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.(i)For the purposes of this section, the following definitions shall apply:(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (2)(d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.(j)This section shall become operative January 1, 2026.SEC. 2. Section 54953.8 is added to the Government Code, to read:54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11) If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. SEC. 3. Section 54953.8.1 is added to the Government Code, to read:54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.(b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.(c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. SEC. 4. Section 54953.8.2 is added to the Government Code, to read:54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) For purposes of this section, the following definitions apply:(1) Local emergency means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the jurisdiction in which the legislative body is located. (2) State of emergency means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). SEC. 5. Section 54953.8.3 is added to the Government Code, to read:54953.8.3. (a) (1) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:(2) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (3) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with those individuals.(4) The member shall participate through both audio and visual technology. (5) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: (i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a meeting shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. (b) For purposes of this section, just cause means any of the following: (1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2. (2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental disability, as defined in Sections 12926 and 12926.1, not otherwise accommodated by any reasonable accommodations provided.(4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.(6) A physical or family medical emergency that prevents a member from attending in person. (c) This section shall not be construed to limit the ability of a legislative body to use alternative teleconferencing provisions.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 6. Section 54953.8.4 is added to the Government Code, to read:54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting. (B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. (2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: (A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. (3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (b) For purposes of this section, the following definitions apply:(1) Accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (2) Eligible neighborhood council means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 7. Section 54953.8.5 is added to the Government Code, to read:54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to the Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: (A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting. (B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) At least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. (ii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (I) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (II) The person is under 18 years of age. (III) The person is incarcerated. (IV) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (V) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:(A) If the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (B) If the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (b) For purposes of this section, eligible community college student organization means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 8. Section 54953.8.6 is added to the Government Code, to read:54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not participate in a teleconference meeting from a remote location pursuant to this section. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) A quorum of the eligible subsidiary body cannot be established solely by members of the legislative body that created it or its staff.(5) (A) At least a quorum of the members of the eligible subsidiary body shall participate from a singular physical location that is accessible to the public and is within the jurisdiction in which the eligible subsidiary body is established. (B) Notwithstanding the requirements of subparagraph (A), a person may count toward the establishment of a quorum pursuant to subparagraph (A) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (i) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (ii) The person is under 18 years of age. (iii) The person is incarcerated. (iv) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (I) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (II) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (v) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this clause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (6) The eligible subsidiary body shall submit its recommendations in writing to the legislative body that created it.(A) The eligible subsidiary body shall present its recommendations to the legislative body that created it at a regular meeting in open session of that legislative body.(B) The legislative body shall hold the discussion of the recommendations at its next regular meeting, unless it determines it is infeasible, and then shall hold it at the following regular meeting.(C) The legislative body shall not place discussions of the recommendations on a consent calendar.(7) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every 12 months thereafter: (i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body. (iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members. (B) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.(C) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant this section at any time.(b) For purposes of this section, eligible subsidiary body means a legislative body that meets all of the following: (1) Is described in subdivision (b) of Section 54952. (2) Serves exclusively in an advisory capacity. (3) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.(4) One-half of the members or more of the eligible subsidiary body are not members of the legislative body that created it or its staff.(5) Does not have subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 9. Section 54953.8.7 is added to the Government Code, to read:54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session.(2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) The eligible multijurisdictional body shall identify each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.(5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles round trip from the in-person location of the meeting.(b) For the purposes of this section, both of the following definitions apply:(1) Eligible multijurisdictional body means a board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter.(2) Multijurisdictional means a legislative body that includes representatives from more than one county, city, city and county, special district, or a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 10. Section 54953.9 is added to the Government Code, to read:54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform.(B) If a city council or a county board of supervisors elects to provide a two-way audiovisual platform, the city council or a county board of supervisors shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the system.(2) If a city council or county board of supervisors has provided video streaming for at least one open and public meeting on or before January 1, 2026, the city council or county board of supervisors shall continue to provide video streaming consistent with the previously provided video streaming.(3) All open and public meetings shall provide the public with an opportunity to comment on proposed legislation via a two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to comment on agenda items with the same time allotment as a person attending a meeting in person.(b) (1) A city council or a county board of supervisors described in subdivision (a) shall have in place a system for requesting and receiving interpretation services for public meetings, including the public comment period. The city council or a county board of supervisors shall publicize the online system described in this paragraph and any instructions on how to request certified interpretation services for public meetings online.(2) If interpretation services are requested for a public meeting and public comment period, the city council or a county board of supervisors shall make reasonable efforts to accommodate any member of the public that requests the interpretation services.(c) A city council or a county board of supervisors described in subdivision (a) shall make a good faith effort to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings, which shall include, at a minimum, all of the following:(1) Making a good faith effort to provide public meeting information to all of the following:(A) Media organizations that provide news coverage in the jurisdiction of the city council or a county board of supervisors, including media organizations that serve non-English-speaking communities.(B) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or other organizations that are active in the jurisdiction of the city council or a county board of supervisors, including organizations active in non-English-speaking communities.(C) Any person that has requested to be notified concerning the city councils or a county board of supervisors public meetings. The city council or a county board of supervisors shall maintain a contact list for all people requesting notification and provide them with regular updates regarding public meetings, including, at minimum, notices of upcoming public meetings.(2) Creating and maintaining an accessible internet webpage dedicated to public meetings, in which a prominent link on the webpage is included on the homepage of the city councils or a county board of supervisors internet website, and that includes, or provides a link to, all of the following information:(A) A general explanation of the public meeting process for the city council or a county board of supervisors that is provided in English and any other applicable languages.(B) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment that is provided in English and any other applicable languages.(C) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.(D) A notice of the applicable languages in which the city council or a county board of supervisors will provide live translation of a public meeting upon request and instructions for making the request that is provided in English and any other applicable languages.(E) Instructions and a method for a person to sign up to receive regular notices regarding public meetings, including notices of public meetings that are provided in English and any other applicable languages.(F) A notice and agenda for each public meeting.(G) Any available recordings of each public meeting, to the extent applicable.(d) For purposes of this section, the following definitions apply:(1) Applicable language means languages spoken jointly by 20 percent or more of the population in the county in which the city council or a county board of supervisors is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source.(2) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (3) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.(4) Video streaming means media in which the data from a live filming or a video file is continuously delivered via the internet to a remote user, allowing a video to be viewed online by the public without being downloaded on a host computer or device.(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 11. Section 54954.2 of the Government Code, as amended by Section 92 of Chapter 131 of the Statutes of 2023, is amended to read:54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one. If(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) The agenda shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:(A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.(B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.(ii) Platform independent and machine readable.(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).(D) For the purposes of this paragraph, both of the following definitions shall apply:(i) Integrated agenda management platform means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.(ii) Legislative body has the same meaning as that term is used in subdivision (a) of Section 54952.(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1) A legislative body as that term is defined by subdivision (a) of Section 54952.(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(e)This section shall become operative January 1, 2026.SEC. 12. Section 54954.3 of the Government Code is amended to read:54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committees consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.SEC. 13. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, and Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials.SEC. 14. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, Section 10 of this act, which adds Section 54953.9 to the Government Code, and Sections 11 to 12, inclusive, of this act, which amend Sections 54954.2 and 54954.3, respectively, of the Government Code, further, 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) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials.SEC. 15. The Legislature finds and declares that adequate public access to meetings is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 10 of this act adding Section 54953.9 to, and Section 11 of this act amending Section 54954.2 of, the Government Code apply to all cities, including charter cities.SEC. 16. 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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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 707Introduced by Senator DurazoFebruary 21, 2025 An act to amend Sections 54953, 54954.2, and 54954.3 of, to add Sections 54953.8, 54953.8.1, and 54953.8.2 to, and to add and repeal Sections 54953.8.3, 54953.8.4, 54953.8.5, 54953.8.6, 54953.8.7, and 54953.9 of, the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTSB 707, as introduced, Durazo. Open meetings: meeting and teleconference requirements.(1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate.This bill would, until January 1, 2030, require a city council or a county board of supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform, as defined, that a system is in place for requesting and receiving interpretation services for public meetings, as specified, and that good faith efforts are made to encourage residents to participate in public meetings, as specified. By imposing additional meeting requirements on city councils and county boards of supervisors, this bill would impose a state-mandated local program.(2) Existing law requires a legislative body of a local agency or its designee, at least 72 hours before a regular meeting, to post an agenda that meets specified requirements, including that the agenda contain a brief general description of each item of business to be transacted or discussed at the meeting, as specified.This bill would also require the agenda to be provided in English and in all other languages spoken jointly by 20% or more of the population in the county in which the local agency is located that, among other things, speaks English less than very well, as specified. By imposing additional agenda requirements on legislative bodies of local agencies, this bill would impose a state-mandated local program.Existing law requires every agenda for regular meetings to provide an opportunity for members of the public to directly address the legislative body on any item of interest of the public, as specified. Existing law specifies that the agenda is not required to provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, as specified.This bill would remove the provision related to an item that has already been considered by a committee.(3) Existing law authorizes the legislative body of a local agency to use teleconferencing, as specified, and requires a legislative body of a local agency that elects to use teleconferencing to comply with specified general requirements, including that the local agency post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified.Existing law authorizes members who are outside the jurisdiction of a health authority, as defined, that conducts a teleconferencing meeting to, notwithstanding the above-described general teleconference provisions, count towards the establishment of a quorum when participating in the teleconference if, among other things, at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction.Existing law, authorizes, in certain circumstances, the legislative body of a local agency to use specified alternative teleconferencing which include provisions related to, among others, notice of the means by which members of the public may access the meeting and offer public comment and identifying and including an opportunity for all persons to attend via a call-in option or an internet-based service option. Those circumstances in which the legislative body of a local agency is authorized to use the alternative teleconferencing provisions include specified circumstances relating to a state of emergency, as defined, and, until January 1, 2026, subject to specified limitations, a members need to participate remotely due to just cause or emergency circumstances, as defined.Existing law also authorizes certain eligible legislative bodies, including neighborhood councils and student body associations and student-run community college organizations to, until January 1, 2026, use alternate teleconferencing if, among other requirements, the city council or board of trustees, as applicable, has adopted an authorizing resolution and 2/3 of the neighborhood city council or specified student organization, as applicable, votes to use alternate teleconference provisions, as specified.This bill would revise and recast the above-specified alternative teleconferencing provisions to uniformly apply certain noticing, accessibility, and public commenting provisions. The bill would require a legislative body of a local agency that elects to use teleconferencing pursuant to these alternative teleconferencing provisions to comply with specified requirements, including that the legislative body provides at least either two-way audiovisual platform or two-way telephonic service and a live webcasting of the meeting as a means by which the public may, among other things, remotely hear and visually observe the meeting, and that a member of the legislative body who participates in a teleconference meeting from a remote location is listed in the minutes of the meeting. The bill would require the local agency to identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.The bill would instead authorize a health authority, as defined, to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions.The bill would revise and recast the alternative teleconferencing provisions applicable in a state of emergency, as defined. The bill would also include a local emergency, as defined, as a circumstance in which a legislative body of a local agency is authorized to use the alternative teleconferencing provisions.The bill would revise and recast the alternative teleconferencing provisions applicable in cases of a members need to participate remotely due to just cause or emergency circumstances, as defined, to remove the provision applicable to emergency circumstances and to broaden the definition of just cause to include a physical or family medical emergency that prevents a member from attending in person. The bill would extend the authorization to use the alternative teleconferencing provision until January 1, 2030.The bill would revise and recast the alternative teleconferencing provisions applicable to neighborhood councils and student body associations and student-run community college organizations and would extend the authorization to use the alternative teleconferencing provision until January 1, 2030.The bill would, until January 1, 2030, also authorize specified subsidiary bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the subsidiary body designates a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting, as specified.The bill would, until January 1, 2030, also authorize specified multijurisdictional bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the eligible multijurisdictional body has adopted a resolution that authorizes the multijurisdictional body to use teleconferencing at a regular meeting in open session. (4) 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.(5) 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.(6) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(7) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate April 07, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate April 07, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 707 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator DurazoFebruary 21, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Durazo | |
| 18 | 18 | February 21, 2025 | |
| 19 | 19 | ||
| 20 | - | An act to amend Sections | |
| 20 | + | An act to amend Sections 54953, 54954.2, and 54954.3 of, to add Sections 54953.8, 54953.8.1, and 54953.8.2 to, and to add and repeal Sections 54953.8.3, 54953.8.4, 54953.8.5, 54953.8.6, 54953.8.7, and 54953.9 of, the Government Code, relating to local government. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 707, as | |
| 26 | + | SB 707, as introduced, Durazo. Open meetings: meeting and teleconference requirements. | |
| 27 | 27 | ||
| 28 | - | (1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate.This bill would, until January 1, 2030, require a city council or a county board of supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend via a two-way | |
| 28 | + | (1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate.This bill would, until January 1, 2030, require a city council or a county board of supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform, as defined, that a system is in place for requesting and receiving interpretation services for public meetings, as specified, and that good faith efforts are made to encourage residents to participate in public meetings, as specified. By imposing additional meeting requirements on city councils and county boards of supervisors, this bill would impose a state-mandated local program.(2) Existing law requires a legislative body of a local agency or its designee, at least 72 hours before a regular meeting, to post an agenda that meets specified requirements, including that the agenda contain a brief general description of each item of business to be transacted or discussed at the meeting, as specified.This bill would also require the agenda to be provided in English and in all other languages spoken jointly by 20% or more of the population in the county in which the local agency is located that, among other things, speaks English less than very well, as specified. By imposing additional agenda requirements on legislative bodies of local agencies, this bill would impose a state-mandated local program.Existing law requires every agenda for regular meetings to provide an opportunity for members of the public to directly address the legislative body on any item of interest of the public, as specified. Existing law specifies that the agenda is not required to provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, as specified.This bill would remove the provision related to an item that has already been considered by a committee.(3) Existing law authorizes the legislative body of a local agency to use teleconferencing, as specified, and requires a legislative body of a local agency that elects to use teleconferencing to comply with specified general requirements, including that the local agency post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified.Existing law authorizes members who are outside the jurisdiction of a health authority, as defined, that conducts a teleconferencing meeting to, notwithstanding the above-described general teleconference provisions, count towards the establishment of a quorum when participating in the teleconference if, among other things, at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction.Existing law, authorizes, in certain circumstances, the legislative body of a local agency to use specified alternative teleconferencing which include provisions related to, among others, notice of the means by which members of the public may access the meeting and offer public comment and identifying and including an opportunity for all persons to attend via a call-in option or an internet-based service option. Those circumstances in which the legislative body of a local agency is authorized to use the alternative teleconferencing provisions include specified circumstances relating to a state of emergency, as defined, and, until January 1, 2026, subject to specified limitations, a members need to participate remotely due to just cause or emergency circumstances, as defined.Existing law also authorizes certain eligible legislative bodies, including neighborhood councils and student body associations and student-run community college organizations to, until January 1, 2026, use alternate teleconferencing if, among other requirements, the city council or board of trustees, as applicable, has adopted an authorizing resolution and 2/3 of the neighborhood city council or specified student organization, as applicable, votes to use alternate teleconference provisions, as specified.This bill would revise and recast the above-specified alternative teleconferencing provisions to uniformly apply certain noticing, accessibility, and public commenting provisions. The bill would require a legislative body of a local agency that elects to use teleconferencing pursuant to these alternative teleconferencing provisions to comply with specified requirements, including that the legislative body provides at least either two-way audiovisual platform or two-way telephonic service and a live webcasting of the meeting as a means by which the public may, among other things, remotely hear and visually observe the meeting, and that a member of the legislative body who participates in a teleconference meeting from a remote location is listed in the minutes of the meeting. The bill would require the local agency to identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.The bill would instead authorize a health authority, as defined, to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions.The bill would revise and recast the alternative teleconferencing provisions applicable in a state of emergency, as defined. The bill would also include a local emergency, as defined, as a circumstance in which a legislative body of a local agency is authorized to use the alternative teleconferencing provisions.The bill would revise and recast the alternative teleconferencing provisions applicable in cases of a members need to participate remotely due to just cause or emergency circumstances, as defined, to remove the provision applicable to emergency circumstances and to broaden the definition of just cause to include a physical or family medical emergency that prevents a member from attending in person. The bill would extend the authorization to use the alternative teleconferencing provision until January 1, 2030.The bill would revise and recast the alternative teleconferencing provisions applicable to neighborhood councils and student body associations and student-run community college organizations and would extend the authorization to use the alternative teleconferencing provision until January 1, 2030.The bill would, until January 1, 2030, also authorize specified subsidiary bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the subsidiary body designates a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting, as specified.The bill would, until January 1, 2030, also authorize specified multijurisdictional bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the eligible multijurisdictional body has adopted a resolution that authorizes the multijurisdictional body to use teleconferencing at a regular meeting in open session. (4) 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.(5) 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.(6) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(7) 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. | |
| 29 | 29 | ||
| 30 | 30 | (1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. | |
| 31 | 31 | ||
| 32 | - | This bill would, until January 1, 2030, require a city council or a county board of supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend via a two-way | |
| 32 | + | This bill would, until January 1, 2030, require a city council or a county board of supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform, as defined, that a system is in place for requesting and receiving interpretation services for public meetings, as specified, and that good faith efforts are made to encourage residents to participate in public meetings, as specified. By imposing additional meeting requirements on city councils and county boards of supervisors, this bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | - | (2) | |
| 34 | + | (2) Existing law requires a legislative body of a local agency or its designee, at least 72 hours before a regular meeting, to post an agenda that meets specified requirements, including that the agenda contain a brief general description of each item of business to be transacted or discussed at the meeting, as specified. | |
| 35 | 35 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | - | (2) Existing law defines legislative body for these purposes to mean, among other things, a commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. Existing law specifies that legislative body does not include advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body, except for specified standing committees of a legislative bodies. | |
| 39 | - | ||
| 40 | - | This bill would revise and recast the above-described definition of a legislative body and would specify that bodies with certain subject matter jurisdiction, including elections, and advisory committees with a continuing subject matter jurisdiction or a fixed meeting schedule, as specified, are legislative bodies. | |
| 41 | - | ||
| 42 | - | Existing law prohibits a majority of the members of a legislative body, outside a meeting authorized by the act, from using a series of communications of any kind to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. Existing law defines meetings for these purposes to mean any congregation of a majority of the members of a legislative body at the same time and location, as specified, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. Until January 1, 2026, existing law excepts from the prohibition a member engaging in separate conversations or communications outside of a meeting with any other person using an internet-based social media platform for specified purposes, provided, among other things, that a majority of the members do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. | |
| 43 | - | ||
| 44 | - | This bill would also include as a meeting any conversation between members of a legislative body regarding, among other things, boundary lines of the districts of the legislative body. The bill would make the above-described exception related to communications on an internet-based social media platform applicable indefinitely. | |
| 45 | - | ||
| 46 | - | (3) Existing law requires a legislative body of a local agency or its designee, at least 72 hours before a regular meeting, to post an agenda that meets specified requirements, including that the agenda contain a brief general description of each item of business to be transacted or discussed at the meeting, as specified. | |
| 47 | - | ||
| 48 | - | This bill would also require the agenda to be provided in English and in all other languages spoken jointly by 20% or more of the population in the county in which the local agency is located that, among other things, speaks English less than very well, as specified. By imposing additional agenda requirements on legislative bodies of local agencies, this bill would impose a state-mandated local program. specified, and except as provided. | |
| 36 | + | This bill would also require the agenda to be provided in English and in all other languages spoken jointly by 20% or more of the population in the county in which the local agency is located that, among other things, speaks English less than very well, as specified. By imposing additional agenda requirements on legislative bodies of local agencies, this bill would impose a state-mandated local program. | |
| 49 | 37 | ||
| 50 | 38 | Existing law requires every agenda for regular meetings to provide an opportunity for members of the public to directly address the legislative body on any item of interest of the public, as specified. Existing law specifies that the agenda is not required to provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, as specified. | |
| 51 | 39 | ||
| 52 | 40 | This bill would remove the provision related to an item that has already been considered by a committee. | |
| 53 | 41 | ||
| 54 | - | (3) | |
| 42 | + | (3) Existing law authorizes the legislative body of a local agency to use teleconferencing, as specified, and requires a legislative body of a local agency that elects to use teleconferencing to comply with specified general requirements, including that the local agency post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified. | |
| 55 | 43 | ||
| 44 | + | Existing law authorizes members who are outside the jurisdiction of a health authority, as defined, that conducts a teleconferencing meeting to, notwithstanding the above-described general teleconference provisions, count towards the establishment of a quorum when participating in the teleconference if, among other things, at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction. | |
| 56 | 45 | ||
| 57 | - | ||
| 58 | - | (4) Existing law authorizes a legislative body of a local agency to require a copy of the act to be given to each member of the legislative body and specified persons elected to serve as a member of the legislative body, and authorizes an elected legislative body member to require a copy to be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. | |
| 59 | - | ||
| 60 | - | This bill would instead require a legislative body of a local agency to provide a copy of the act to each member of the legislative body and specified persons elected or appointed to serve as a member of the legislative body, as described above. | |
| 61 | - | ||
| 62 | - | Existing law authorizes legislative bodies of local agencies to impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in the act, and authorizes an elected legislative body of a local agency to also impose those requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. | |
| 63 | - | ||
| 64 | - | This bill would remove the above-described requirement that members of an appointed legislative body of a local agency must be appointed by or under the authority of the elected legislative body of a local agency in order for the elected legislative body to impose the above-described requirements on the appointed legislative body. | |
| 65 | - | ||
| 66 | - | (5) Existing law requires the legislative body of any local agency to publicly report any action taken in closed session and the vote or abstention on that action of every member present pursuant to specified requirements, including that action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session held under specified provisions is reported at the public meeting during that closed session and that the report identifies the title of the position. | |
| 67 | - | ||
| 68 | - | This bill would require any report subject to the above-described requirement to also include an estimate of the fiscal impact of the action taken. | |
| 69 | - | ||
| 70 | - | Existing law authorizes a court in its discretion to order a legislative body, upon a judgment of a violation of specified closed session provisions, to audio record closed sessions and preserve the audio recordings for the period and under specified terms the court deems appropriate. Existing law authorizes a district attorney or any interested person to file an action to determine the applicability of the act to past actions of the legislative body pursuant to specified provisions relating to violations of the act if specified conditions are met, including that the district attorney or interested person first submits a cease and desist letter to the clerk or secretary of the legislative body being accused of the violation, as specified, within 9 months of the alleged violation. | |
| 71 | - | ||
| 72 | - | This bill would expand the violations for specified closed sessions described above to instead include a violation of any provision under the act authorizing a closed session. The bill would instead require that a cease and desist letter described above be submitted within 12 months of the alleged violation. | |
| 73 | - | ||
| 74 | - | (6) Existing law provides any person attending an open and public meeting of a legislative body of a local agency with the right to record the proceedings with an audio or visual recorder or a still or motion picture camera, as specified. | |
| 75 | - | ||
| 76 | - | This bill would remove the reference to an audio or visual recorder or a still or motion picture camera for purposes of recording the proceedings, as described above. | |
| 77 | - | ||
| 78 | - | (7) Existing law authorizes the a legislative body of a local agency to use teleconferencing, as specified, and requires a legislative body of a local agency that elects to use teleconferencing to comply with specified general requirements, including that the local agency post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified. | |
| 79 | - | ||
| 80 | - | Existing law authorizes members who are outside the jurisdiction of a health authority, as defined, that conducts a teleconferencing meeting to, notwithstanding the above-described general teleconference provisions, count towards the establishment of a quorum when participating in the teleconference if, among other things, at least 50 percent 50% of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction. | |
| 81 | - | ||
| 82 | - | Existing law, law authorizes, in certain circumstances, the legislative body of a local agency to use specified alternative teleconferencing which include provisions related to, among others, notice of the means by which members of the public may access the meeting and offer public comment and identifying and including an opportunity for all persons to attend via a call-in option or an internet-based service option. Those circumstances in which the legislative body of a local agency is authorized to use the alternative teleconferencing provisions include specified circumstances relating to a state of emergency, as defined, and, until January 1, 2026, subject to specified limitations, a members need to participate remotely due to just cause or emergency circumstances, as defined. | |
| 46 | + | Existing law, authorizes, in certain circumstances, the legislative body of a local agency to use specified alternative teleconferencing which include provisions related to, among others, notice of the means by which members of the public may access the meeting and offer public comment and identifying and including an opportunity for all persons to attend via a call-in option or an internet-based service option. Those circumstances in which the legislative body of a local agency is authorized to use the alternative teleconferencing provisions include specified circumstances relating to a state of emergency, as defined, and, until January 1, 2026, subject to specified limitations, a members need to participate remotely due to just cause or emergency circumstances, as defined. | |
| 83 | 47 | ||
| 84 | 48 | Existing law also authorizes certain eligible legislative bodies, including neighborhood councils and student body associations and student-run community college organizations to, until January 1, 2026, use alternate teleconferencing if, among other requirements, the city council or board of trustees, as applicable, has adopted an authorizing resolution and 2/3 of the neighborhood city council or specified student organization, as applicable, votes to use alternate teleconference provisions, as specified. | |
| 85 | 49 | ||
| 86 | - | This bill would revise and recast the above-specified alternative teleconferencing provisions to uniformly apply certain noticing, accessibility, and public commenting provisions. The bill would require a legislative body of a local agency that elects to use teleconferencing pursuant to these alternative teleconferencing provisions to comply with specified requirements, including that the legislative body provides at least either two-way | |
| 50 | + | This bill would revise and recast the above-specified alternative teleconferencing provisions to uniformly apply certain noticing, accessibility, and public commenting provisions. The bill would require a legislative body of a local agency that elects to use teleconferencing pursuant to these alternative teleconferencing provisions to comply with specified requirements, including that the legislative body provides at least either two-way audiovisual platform or two-way telephonic service and a live webcasting of the meeting as a means by which the public may, among other things, remotely hear and visually observe the meeting, and that a member of the legislative body who participates in a teleconference meeting from a remote location is listed in the minutes of the meeting. The bill would require the local agency to identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings. | |
| 87 | 51 | ||
| 88 | 52 | The bill would instead authorize a health authority, as defined, to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions. | |
| 89 | 53 | ||
| 90 | 54 | The bill would revise and recast the alternative teleconferencing provisions applicable in a state of emergency, as defined. The bill would also include a local emergency, as defined, as a circumstance in which a legislative body of a local agency is authorized to use the alternative teleconferencing provisions. | |
| 91 | 55 | ||
| 92 | 56 | The bill would revise and recast the alternative teleconferencing provisions applicable in cases of a members need to participate remotely due to just cause or emergency circumstances, as defined, to remove the provision applicable to emergency circumstances and to broaden the definition of just cause to include a physical or family medical emergency that prevents a member from attending in person. The bill would extend the authorization to use the alternative teleconferencing provision until January 1, 2030. | |
| 93 | 57 | ||
| 94 | 58 | The bill would revise and recast the alternative teleconferencing provisions applicable to neighborhood councils and student body associations and student-run community college organizations and would extend the authorization to use the alternative teleconferencing provision until January 1, 2030. | |
| 95 | 59 | ||
| 96 | 60 | The bill would, until January 1, 2030, also authorize specified subsidiary bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the subsidiary body designates a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting, as specified. | |
| 97 | 61 | ||
| 98 | 62 | The bill would, until January 1, 2030, also authorize specified multijurisdictional bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the eligible multijurisdictional body has adopted a resolution that authorizes the multijurisdictional body to use teleconferencing at a regular meeting in open session. | |
| 99 | 63 | ||
| 100 | - | (8) Existing law authorizes a special meeting to be called any time by, among other persons, the presiding officer of the legislative body of a local agency, by delivering specified written notices and posting a notice on the local agencys internet website, if the local agency has one. Existing law requires specified legislative bodies to comply with the internet website posting requirement. Existing law prohibits a legislative body of a local agency from calling a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined. | |
| 101 | - | ||
| 102 | - | The bill would remove the requirement that only specified legislative bodies comply with the internet website posting requirement, thereby imposing that requirement on all legislative bodies. | |
| 103 | - | ||
| 104 | - | The bill would also prohibit a legislative body of a local agency from calling a special meeting regarding the evaluation of performance, discipline, or dismissal of a local agency executive, or a member of the legislative body. The bill would prohibit a legislative body from, among other things, considering the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee, at a special meeting, unless the item is properly before the legislative body, as specified, and certain criteria are met, including that at least 4 /5 of the legislative body vote at the start of the meeting to proceed with the meeting. | |
| 105 | - | ||
| 106 | - | (9) Existing law authorizes a legislative body of a local agency to hold an emergency meeting without complying with specified notice and posting requirements in the case of specified emergency circumstances, as specified, and imposes various requirements under these provisions applicable to either legislative bodies generally or legislative bodies which are a school board. | |
| 107 | - | ||
| 108 | - | This bill would remove the school board distinction from the above-described provisions, thereby imposing the same requirements to hold an emergency meeting on all legislative bodies of local agencies. | |
| 109 | - | ||
| 110 | - | By imposing additional duties on legislative bodies of local agencies, the bill would impose a state-mandated local program. | |
| 111 | - | ||
| 112 | - | (4) | |
| 113 | - | ||
| 114 | - | ||
| 115 | - | ||
| 116 | - | (10) 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. | |
| 64 | + | (4) 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. | |
| 117 | 65 | ||
| 118 | 66 | This bill would make legislative findings to that effect. | |
| 119 | 67 | ||
| 120 | - | (5) | |
| 121 | - | ||
| 122 | - | ||
| 123 | - | ||
| 124 | - | (11) 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. | |
| 68 | + | (5) 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. | |
| 125 | 69 | ||
| 126 | 70 | This bill would make legislative findings to that effect. | |
| 127 | 71 | ||
| 128 | - | (6) | |
| 72 | + | (6) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. | |
| 129 | 73 | ||
| 130 | - | ||
| 131 | - | ||
| 132 | - | (12) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. | |
| 133 | - | ||
| 134 | - | (7) | |
| 135 | - | ||
| 136 | - | ||
| 137 | - | ||
| 138 | - | (13) 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. | |
| 74 | + | (7) 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. | |
| 139 | 75 | ||
| 140 | 76 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 141 | 77 | ||
| 142 | 78 | ## Digest Key | |
| 143 | 79 | ||
| 144 | 80 | ## Bill Text | |
| 145 | 81 | ||
| 146 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 82 | + | The people of the State of California do enact as follows:SECTION 1. Section 54953 of the Government Code, as amended by Section 2 of Chapter 534 of the Statutes of 2023, is amended to read:54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:(A)The legislative body has reconsidered the circumstances of the state of emergency.(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.(i)For the purposes of this section, the following definitions shall apply:(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (2)(d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.(j)This section shall become operative January 1, 2026.SEC. 2. Section 54953.8 is added to the Government Code, to read:54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11) If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. SEC. 3. Section 54953.8.1 is added to the Government Code, to read:54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.(b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.(c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. SEC. 4. Section 54953.8.2 is added to the Government Code, to read:54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) For purposes of this section, the following definitions apply:(1) Local emergency means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the jurisdiction in which the legislative body is located. (2) State of emergency means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). SEC. 5. Section 54953.8.3 is added to the Government Code, to read:54953.8.3. (a) (1) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:(2) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (3) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with those individuals.(4) The member shall participate through both audio and visual technology. (5) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: (i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a meeting shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. (b) For purposes of this section, just cause means any of the following: (1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2. (2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental disability, as defined in Sections 12926 and 12926.1, not otherwise accommodated by any reasonable accommodations provided.(4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.(6) A physical or family medical emergency that prevents a member from attending in person. (c) This section shall not be construed to limit the ability of a legislative body to use alternative teleconferencing provisions.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 6. Section 54953.8.4 is added to the Government Code, to read:54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting. (B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. (2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: (A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. (3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (b) For purposes of this section, the following definitions apply:(1) Accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (2) Eligible neighborhood council means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 7. Section 54953.8.5 is added to the Government Code, to read:54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to the Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: (A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting. (B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) At least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. (ii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (I) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (II) The person is under 18 years of age. (III) The person is incarcerated. (IV) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (V) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:(A) If the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (B) If the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (b) For purposes of this section, eligible community college student organization means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 8. Section 54953.8.6 is added to the Government Code, to read:54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not participate in a teleconference meeting from a remote location pursuant to this section. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) A quorum of the eligible subsidiary body cannot be established solely by members of the legislative body that created it or its staff.(5) (A) At least a quorum of the members of the eligible subsidiary body shall participate from a singular physical location that is accessible to the public and is within the jurisdiction in which the eligible subsidiary body is established. (B) Notwithstanding the requirements of subparagraph (A), a person may count toward the establishment of a quorum pursuant to subparagraph (A) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (i) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (ii) The person is under 18 years of age. (iii) The person is incarcerated. (iv) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (I) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (II) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (v) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this clause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (6) The eligible subsidiary body shall submit its recommendations in writing to the legislative body that created it.(A) The eligible subsidiary body shall present its recommendations to the legislative body that created it at a regular meeting in open session of that legislative body.(B) The legislative body shall hold the discussion of the recommendations at its next regular meeting, unless it determines it is infeasible, and then shall hold it at the following regular meeting.(C) The legislative body shall not place discussions of the recommendations on a consent calendar.(7) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every 12 months thereafter: (i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body. (iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members. (B) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.(C) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant this section at any time.(b) For purposes of this section, eligible subsidiary body means a legislative body that meets all of the following: (1) Is described in subdivision (b) of Section 54952. (2) Serves exclusively in an advisory capacity. (3) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.(4) One-half of the members or more of the eligible subsidiary body are not members of the legislative body that created it or its staff.(5) Does not have subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 9. Section 54953.8.7 is added to the Government Code, to read:54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session.(2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) The eligible multijurisdictional body shall identify each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.(5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles round trip from the in-person location of the meeting.(b) For the purposes of this section, both of the following definitions apply:(1) Eligible multijurisdictional body means a board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter.(2) Multijurisdictional means a legislative body that includes representatives from more than one county, city, city and county, special district, or a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 10. Section 54953.9 is added to the Government Code, to read:54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform.(B) If a city council or a county board of supervisors elects to provide a two-way audiovisual platform, the city council or a county board of supervisors shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the system.(2) If a city council or county board of supervisors has provided video streaming for at least one open and public meeting on or before January 1, 2026, the city council or county board of supervisors shall continue to provide video streaming consistent with the previously provided video streaming.(3) All open and public meetings shall provide the public with an opportunity to comment on proposed legislation via a two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to comment on agenda items with the same time allotment as a person attending a meeting in person.(b) (1) A city council or a county board of supervisors described in subdivision (a) shall have in place a system for requesting and receiving interpretation services for public meetings, including the public comment period. The city council or a county board of supervisors shall publicize the online system described in this paragraph and any instructions on how to request certified interpretation services for public meetings online.(2) If interpretation services are requested for a public meeting and public comment period, the city council or a county board of supervisors shall make reasonable efforts to accommodate any member of the public that requests the interpretation services.(c) A city council or a county board of supervisors described in subdivision (a) shall make a good faith effort to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings, which shall include, at a minimum, all of the following:(1) Making a good faith effort to provide public meeting information to all of the following:(A) Media organizations that provide news coverage in the jurisdiction of the city council or a county board of supervisors, including media organizations that serve non-English-speaking communities.(B) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or other organizations that are active in the jurisdiction of the city council or a county board of supervisors, including organizations active in non-English-speaking communities.(C) Any person that has requested to be notified concerning the city councils or a county board of supervisors public meetings. The city council or a county board of supervisors shall maintain a contact list for all people requesting notification and provide them with regular updates regarding public meetings, including, at minimum, notices of upcoming public meetings.(2) Creating and maintaining an accessible internet webpage dedicated to public meetings, in which a prominent link on the webpage is included on the homepage of the city councils or a county board of supervisors internet website, and that includes, or provides a link to, all of the following information:(A) A general explanation of the public meeting process for the city council or a county board of supervisors that is provided in English and any other applicable languages.(B) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment that is provided in English and any other applicable languages.(C) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.(D) A notice of the applicable languages in which the city council or a county board of supervisors will provide live translation of a public meeting upon request and instructions for making the request that is provided in English and any other applicable languages.(E) Instructions and a method for a person to sign up to receive regular notices regarding public meetings, including notices of public meetings that are provided in English and any other applicable languages.(F) A notice and agenda for each public meeting.(G) Any available recordings of each public meeting, to the extent applicable.(d) For purposes of this section, the following definitions apply:(1) Applicable language means languages spoken jointly by 20 percent or more of the population in the county in which the city council or a county board of supervisors is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source.(2) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (3) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.(4) Video streaming means media in which the data from a live filming or a video file is continuously delivered via the internet to a remote user, allowing a video to be viewed online by the public without being downloaded on a host computer or device.(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 11. Section 54954.2 of the Government Code, as amended by Section 92 of Chapter 131 of the Statutes of 2023, is amended to read:54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one. If(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) The agenda shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:(A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.(B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.(ii) Platform independent and machine readable.(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).(D) For the purposes of this paragraph, both of the following definitions shall apply:(i) Integrated agenda management platform means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.(ii) Legislative body has the same meaning as that term is used in subdivision (a) of Section 54952.(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1) A legislative body as that term is defined by subdivision (a) of Section 54952.(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(e)This section shall become operative January 1, 2026.SEC. 12. Section 54954.3 of the Government Code is amended to read:54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committees consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.SEC. 13. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, and Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials.SEC. 14. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, Section 10 of this act, which adds Section 54953.9 to the Government Code, and Sections 11 to 12, inclusive, of this act, which amend Sections 54954.2 and 54954.3, respectively, of the Government Code, further, 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) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials.SEC. 15. The Legislature finds and declares that adequate public access to meetings is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 10 of this act adding Section 54953.9 to, and Section 11 of this act amending Section 54954.2 of, the Government Code apply to all cities, including charter cities.SEC. 16. 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. | |
| 147 | 83 | ||
| 148 | 84 | The people of the State of California do enact as follows: | |
| 149 | 85 | ||
| 150 | 86 | ## The people of the State of California do enact as follows: | |
| 151 | 87 | ||
| 152 | - | SECTION 1. Section | |
| 88 | + | SECTION 1. Section 54953 of the Government Code, as amended by Section 2 of Chapter 534 of the Statutes of 2023, is amended to read:54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:(A)The legislative body has reconsidered the circumstances of the state of emergency.(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.(i)For the purposes of this section, the following definitions shall apply:(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (2)(d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.(j)This section shall become operative January 1, 2026. | |
| 153 | 89 | ||
| 154 | - | SECTION 1. Section | |
| 90 | + | SECTION 1. Section 54953 of the Government Code, as amended by Section 2 of Chapter 534 of the Statutes of 2023, is amended to read: | |
| 155 | 91 | ||
| 156 | 92 | ### SECTION 1. | |
| 157 | 93 | ||
| 158 | - | ||
| 94 | + | 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:(A)The legislative body has reconsidered the circumstances of the state of emergency.(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.(i)For the purposes of this section, the following definitions shall apply:(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (2)(d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.(j)This section shall become operative January 1, 2026. | |
| 159 | 95 | ||
| 160 | - | ||
| 96 | + | 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:(A)The legislative body has reconsidered the circumstances of the state of emergency.(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.(i)For the purposes of this section, the following definitions shall apply:(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (2)(d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.(j)This section shall become operative January 1, 2026. | |
| 161 | 97 | ||
| 162 | - | 54952. As used in this chapter, legislative body means:(a) The governing body of a local agency or any other local body created by state or federal statute.(b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.(c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity.(B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority.(e) (1) An advisory or standing committee of a legislative body, irrespective of its composition, which has a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body. (2) However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies.(3) Notwithstanding paragraph (2), any commission, committee, board, or other body of a local agency, decisionmaking or advisory, with subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it is a legislative body. | |
| 163 | - | ||
| 164 | - | ||
| 165 | - | ||
| 166 | - | 54952. As used in this chapter, legislative body means: | |
| 167 | - | ||
| 168 | - | (a) The governing body of a local agency or any other local body created by state or federal statute. | |
| 169 | - | ||
| 170 | - | (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. | |
| 171 | - | ||
| 172 | - | (c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either: | |
| 173 | - | ||
| 174 | - | (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity. | |
| 175 | - | ||
| 176 | - | (B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency. | |
| 177 | - | ||
| 178 | - | (2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member. | |
| 179 | - | ||
| 180 | - | (d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. | |
| 181 | - | ||
| 182 | - | (e) (1) An advisory or standing committee of a legislative body, irrespective of its composition, which has a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body. | |
| 183 | - | ||
| 184 | - | (2) However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies. | |
| 185 | - | ||
| 186 | - | (3) Notwithstanding paragraph (2), any commission, committee, board, or other body of a local agency, decisionmaking or advisory, with subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it is a legislative body. | |
| 187 | - | ||
| 188 | - | SEC. 2. Section 54952.2 of the Government Code, as amended by Section 1 of Chapter 89 of the Statutes of 2020, is amended to read:54952.2. (a) As used in this chapter, meeting means any either of the following:(1) Any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(2) Any conversation between members of the legislative body regarding any of the following:(A) Boundary lines of the districts of the legislative body.(B) Compensation of members of the legislative body or a local agency executive, as defined in subdivision (d) of Section 3511.1.(C) The appointment, employment, evaluation of performance, discipline, or dismissal of a public employee.(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.(B) For purposes of this paragraph, all of the following definitions shall apply:(i) Discuss among themselves means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body.(ii) Internet-based social media platform means an online service that is open and accessible to the public.(iii) Open and accessible to the public means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules.(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.(d)This section shall remain in effect only until January 1, 2026, and as of that date is repealed. | |
| 189 | - | ||
| 190 | - | SEC. 2. Section 54952.2 of the Government Code, as amended by Section 1 of Chapter 89 of the Statutes of 2020, is amended to read: | |
| 191 | - | ||
| 192 | - | ### SEC. 2. | |
| 193 | - | ||
| 194 | - | 54952.2. (a) As used in this chapter, meeting means any either of the following:(1) Any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(2) Any conversation between members of the legislative body regarding any of the following:(A) Boundary lines of the districts of the legislative body.(B) Compensation of members of the legislative body or a local agency executive, as defined in subdivision (d) of Section 3511.1.(C) The appointment, employment, evaluation of performance, discipline, or dismissal of a public employee.(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.(B) For purposes of this paragraph, all of the following definitions shall apply:(i) Discuss among themselves means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body.(ii) Internet-based social media platform means an online service that is open and accessible to the public.(iii) Open and accessible to the public means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules.(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.(d)This section shall remain in effect only until January 1, 2026, and as of that date is repealed. | |
| 195 | - | ||
| 196 | - | 54952.2. (a) As used in this chapter, meeting means any either of the following:(1) Any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(2) Any conversation between members of the legislative body regarding any of the following:(A) Boundary lines of the districts of the legislative body.(B) Compensation of members of the legislative body or a local agency executive, as defined in subdivision (d) of Section 3511.1.(C) The appointment, employment, evaluation of performance, discipline, or dismissal of a public employee.(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.(B) For purposes of this paragraph, all of the following definitions shall apply:(i) Discuss among themselves means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body.(ii) Internet-based social media platform means an online service that is open and accessible to the public.(iii) Open and accessible to the public means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules.(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.(d)This section shall remain in effect only until January 1, 2026, and as of that date is repealed. | |
| 197 | - | ||
| 198 | - | 54952.2. (a) As used in this chapter, meeting means any either of the following:(1) Any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(2) Any conversation between members of the legislative body regarding any of the following:(A) Boundary lines of the districts of the legislative body.(B) Compensation of members of the legislative body or a local agency executive, as defined in subdivision (d) of Section 3511.1.(C) The appointment, employment, evaluation of performance, discipline, or dismissal of a public employee.(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.(B) For purposes of this paragraph, all of the following definitions shall apply:(i) Discuss among themselves means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body.(ii) Internet-based social media platform means an online service that is open and accessible to the public.(iii) Open and accessible to the public means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules.(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.(d)This section shall remain in effect only until January 1, 2026, and as of that date is repealed. | |
| 199 | - | ||
| 200 | - | ||
| 201 | - | ||
| 202 | - | 54952.2. (a) As used in this chapter, meeting means any either of the following: | |
| 203 | - | ||
| 204 | - | (1) Any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. | |
| 205 | - | ||
| 206 | - | (2) Any conversation between members of the legislative body regarding any of the following: | |
| 207 | - | ||
| 208 | - | (A) Boundary lines of the districts of the legislative body. | |
| 209 | - | ||
| 210 | - | (B) Compensation of members of the legislative body or a local agency executive, as defined in subdivision (d) of Section 3511.1. | |
| 211 | - | ||
| 212 | - | (C) The appointment, employment, evaluation of performance, discipline, or dismissal of a public employee. | |
| 213 | - | ||
| 214 | - | (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. | |
| 215 | - | ||
| 216 | - | (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. | |
| 217 | - | ||
| 218 | - | (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. | |
| 219 | - | ||
| 220 | - | (B) For purposes of this paragraph, all of the following definitions shall apply: | |
| 221 | - | ||
| 222 | - | (i) Discuss among themselves means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. | |
| 223 | - | ||
| 224 | - | (ii) Internet-based social media platform means an online service that is open and accessible to the public. | |
| 225 | - | ||
| 226 | - | (iii) Open and accessible to the public means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. | |
| 227 | - | ||
| 228 | - | (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: | |
| 229 | - | ||
| 230 | - | (1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). | |
| 231 | - | ||
| 232 | - | (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. | |
| 233 | - | ||
| 234 | - | (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. | |
| 235 | - | ||
| 236 | - | (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. | |
| 237 | - | ||
| 238 | - | (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. | |
| 239 | - | ||
| 240 | - | (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. | |
| 241 | - | ||
| 242 | - | (d)This section shall remain in effect only until January 1, 2026, and as of that date is repealed. | |
| 243 | - | ||
| 244 | - | ||
| 245 | - | ||
| 246 | - | SEC. 3. Section 54952.2 of the Government Code, as added by Section 2 of Chapter 89 of the Statutes of 2020, is repealed.54952.2.(a)As used in this chapter, meeting means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(b)(1)A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.(2)Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.(c)Nothing in this section shall impose the requirements of this chapter upon any of the following:(1)Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).(2)The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.(3)The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(4)The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(5)The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(6)The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.(d)This section shall become operative on January 1, 2026. | |
| 247 | - | ||
| 248 | - | SEC. 3. Section 54952.2 of the Government Code, as added by Section 2 of Chapter 89 of the Statutes of 2020, is repealed. | |
| 249 | - | ||
| 250 | - | ### SEC. 3. | |
| 251 | - | ||
| 252 | - | 54952.2.(a)As used in this chapter, meeting means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(b)(1)A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.(2)Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.(c)Nothing in this section shall impose the requirements of this chapter upon any of the following:(1)Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).(2)The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.(3)The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(4)The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(5)The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.(6)The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.(d)This section shall become operative on January 1, 2026. | |
| 253 | - | ||
| 254 | - | ||
| 255 | - | ||
| 256 | - | (a)As used in this chapter, meeting means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. | |
| 257 | - | ||
| 258 | - | ||
| 259 | - | ||
| 260 | - | (b)(1)A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. | |
| 261 | - | ||
| 262 | - | ||
| 263 | - | ||
| 264 | - | (2)Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. | |
| 265 | - | ||
| 266 | - | ||
| 267 | - | ||
| 268 | - | (c)Nothing in this section shall impose the requirements of this chapter upon any of the following: | |
| 269 | - | ||
| 270 | - | ||
| 271 | - | ||
| 272 | - | (1)Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). | |
| 273 | - | ||
| 274 | - | ||
| 275 | - | ||
| 276 | - | (2)The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. | |
| 277 | - | ||
| 278 | - | ||
| 279 | - | ||
| 280 | - | (3)The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. | |
| 281 | - | ||
| 282 | - | ||
| 283 | - | ||
| 284 | - | (4)The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. | |
| 285 | - | ||
| 286 | - | ||
| 287 | - | ||
| 288 | - | (5)The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. | |
| 289 | - | ||
| 290 | - | ||
| 291 | - | ||
| 292 | - | (6)The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. | |
| 293 | - | ||
| 294 | - | ||
| 295 | - | ||
| 296 | - | (d)This section shall become operative on January 1, 2026. | |
| 297 | - | ||
| 298 | - | ||
| 299 | - | ||
| 300 | - | SEC. 4. Section 54952.7 of the Government Code is amended to read:54952.7. A legislative body of a local agency may require that shall provide a copy of this chapter be given to each member of the legislative body and any person elected or appointed to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. | |
| 301 | - | ||
| 302 | - | SEC. 4. Section 54952.7 of the Government Code is amended to read: | |
| 303 | - | ||
| 304 | - | ### SEC. 4. | |
| 305 | - | ||
| 306 | - | 54952.7. A legislative body of a local agency may require that shall provide a copy of this chapter be given to each member of the legislative body and any person elected or appointed to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. | |
| 307 | - | ||
| 308 | - | 54952.7. A legislative body of a local agency may require that shall provide a copy of this chapter be given to each member of the legislative body and any person elected or appointed to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. | |
| 309 | - | ||
| 310 | - | 54952.7. A legislative body of a local agency may require that shall provide a copy of this chapter be given to each member of the legislative body and any person elected or appointed to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. | |
| 311 | - | ||
| 312 | - | ||
| 313 | - | ||
| 314 | - | 54952.7. A legislative body of a local agency may require that shall provide a copy of this chapter be given to each member of the legislative body and any person elected or appointed to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. | |
| 315 | - | ||
| 316 | - | SECTION 1.SEC. 5. Section 54953 of the Government Code, as amended by Section 2 of Chapter 534 of the Statutes of 2023, is amended to read:54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. | |
| 317 | - | ||
| 318 | - | SECTION 1.SEC. 5. Section 54953 of the Government Code, as amended by Section 2 of Chapter 534 of the Statutes of 2023, is amended to read: | |
| 319 | - | ||
| 320 | - | ### SECTION 1.SEC. 5. | |
| 321 | - | ||
| 322 | - | 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. | |
| 323 | - | ||
| 324 | - | 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. | |
| 325 | - | ||
| 326 | - | 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. | |
| 98 | + | 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:(A) All votes taken during a teleconferenced meeting shall be by rollcall.(B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.(C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e).(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.(d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting.(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.(3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.(e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances:(A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:(A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.(B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.(C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.(D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.(E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed.(ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment.(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed.(3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote:(A)The legislative body has reconsidered the circumstances of the state of emergency.(B)The state of emergency continues to directly impact the ability of the members to meet safely in person.(4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.(f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.(g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.(h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.(2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means.(i)For the purposes of this section, the following definitions shall apply:(1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (2)(d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.(j)This section shall become operative January 1, 2026. | |
| 327 | 99 | ||
| 328 | 100 | ||
| 329 | 101 | ||
| 330 | 102 | 54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. | |
| 331 | 103 | ||
| 332 | 104 | (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. | |
| 333 | 105 | ||
| 334 | 106 | (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following: | |
| 335 | 107 | ||
| 336 | 108 | (A) All votes taken during a teleconferenced meeting shall be by rollcall. | |
| 337 | 109 | ||
| 338 | 110 | (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. | |
| 339 | 111 | ||
| 340 | 112 | (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. | |
| 341 | 113 | ||
| 342 | 114 | (D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. | |
| 343 | 115 | ||
| 344 | 116 | (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). | |
| 345 | 117 | ||
| 346 | 118 | (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. | |
| 347 | 119 | ||
| 348 | 120 | (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. | |
| 349 | 121 | ||
| 350 | 122 | (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the publics right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. | |
| 351 | 123 | ||
| 352 | - | (d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. | |
| 353 | - | ||
| 354 | - | SEC. 6. Section 54953.5 of the Government Code is amended to read:54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings.(b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. | |
| 355 | - | ||
| 356 | - | SEC. 6. Section 54953.5 of the Government Code is amended to read: | |
| 357 | - | ||
| 358 | - | ### SEC. 6. | |
| 359 | - | ||
| 360 | - | 54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings.(b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. | |
| 361 | - | ||
| 362 | - | 54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings.(b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. | |
| 363 | - | ||
| 364 | - | 54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings.(b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. | |
| 124 | + | (d)(1)Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. | |
| 365 | 125 | ||
| 366 | 126 | ||
| 367 | 127 | ||
| 368 | - | 54953.5. (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. | |
| 369 | - | ||
| 370 | - | (b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. | |
| 371 | - | ||
| 372 | - | SEC. 7. Section 54953.7 of the Government Code is amended to read:54953.7. Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such those requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. agency. | |
| 373 | - | ||
| 374 | - | SEC. 7. Section 54953.7 of the Government Code is amended to read: | |
| 375 | - | ||
| 376 | - | ### SEC. 7. | |
| 377 | - | ||
| 378 | - | 54953.7. Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such those requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. agency. | |
| 379 | - | ||
| 380 | - | 54953.7. Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such those requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. agency. | |
| 381 | - | ||
| 382 | - | 54953.7. Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such those requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. agency. | |
| 128 | + | (2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. | |
| 383 | 129 | ||
| 384 | 130 | ||
| 385 | 131 | ||
| 386 | - | ||
| 132 | + | (3)For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. | |
| 387 | 133 | ||
| 388 | - | SEC. 2.SEC. 8. Section 54953.8 is added to the Government Code, to read:54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11)If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. service. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, access and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 389 | 134 | ||
| 390 | - | SEC. 2.SEC. 8. Section 54953.8 is added to the Government Code, to read: | |
| 391 | 135 | ||
| 392 | - | ||
| 136 | + | (e)(1)The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in either of the following circumstances: | |
| 393 | 137 | ||
| 394 | - | 54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11)If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. service. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, access and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 395 | 138 | ||
| 396 | - | 54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11)If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. service. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, access and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 397 | 139 | ||
| 398 | - | 54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11)If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. service. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, access and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 140 | + | (A)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. | |
| 141 | + | ||
| 142 | + | ||
| 143 | + | ||
| 144 | + | (B)The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | (2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: | |
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | (A)In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. | |
| 153 | + | ||
| 154 | + | ||
| 155 | + | ||
| 156 | + | (B)In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. | |
| 157 | + | ||
| 158 | + | ||
| 159 | + | ||
| 160 | + | (C)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. | |
| 161 | + | ||
| 162 | + | ||
| 163 | + | ||
| 164 | + | (D)Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. | |
| 165 | + | ||
| 166 | + | ||
| 167 | + | ||
| 168 | + | (E)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (D), to provide public comment until that timed public comment period has elapsed. | |
| 169 | + | ||
| 170 | + | ||
| 171 | + | ||
| 172 | + | (ii)A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (D), or otherwise be recognized for the purpose of providing public comment. | |
| 173 | + | ||
| 174 | + | ||
| 175 | + | ||
| 176 | + | (iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (D), until the timed general public comment period has elapsed. | |
| 177 | + | ||
| 178 | + | ||
| 179 | + | ||
| 180 | + | (3)If a state of emergency remains active, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 45 days after teleconferencing for the first time pursuant to subparagraph (A) or (B) of paragraph (1), and every 45 days thereafter, make the following findings by majority vote: | |
| 181 | + | ||
| 182 | + | ||
| 183 | + | ||
| 184 | + | (A)The legislative body has reconsidered the circumstances of the state of emergency. | |
| 185 | + | ||
| 186 | + | ||
| 187 | + | ||
| 188 | + | (B)The state of emergency continues to directly impact the ability of the members to meet safely in person. | |
| 189 | + | ||
| 190 | + | ||
| 191 | + | ||
| 192 | + | (4)This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. | |
| 193 | + | ||
| 194 | + | ||
| 195 | + | ||
| 196 | + | (f)The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. | |
| 197 | + | ||
| 198 | + | ||
| 199 | + | ||
| 200 | + | (g)The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. | |
| 201 | + | ||
| 202 | + | ||
| 203 | + | ||
| 204 | + | (h)(1)Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. | |
| 205 | + | ||
| 206 | + | ||
| 207 | + | ||
| 208 | + | (2)Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means. | |
| 209 | + | ||
| 210 | + | ||
| 211 | + | ||
| 212 | + | (i)For the purposes of this section, the following definitions shall apply: | |
| 213 | + | ||
| 214 | + | ||
| 215 | + | ||
| 216 | + | (1)State of emergency means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). | |
| 217 | + | ||
| 218 | + | ||
| 219 | + | ||
| 220 | + | (2) | |
| 221 | + | ||
| 222 | + | ||
| 223 | + | ||
| 224 | + | (d) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. | |
| 225 | + | ||
| 226 | + | (j)This section shall become operative January 1, 2026. | |
| 227 | + | ||
| 228 | + | ||
| 229 | + | ||
| 230 | + | SEC. 2. Section 54953.8 is added to the Government Code, to read:54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11) If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 231 | + | ||
| 232 | + | SEC. 2. Section 54953.8 is added to the Government Code, to read: | |
| 233 | + | ||
| 234 | + | ### SEC. 2. | |
| 235 | + | ||
| 236 | + | 54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11) If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 237 | + | ||
| 238 | + | 54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11) If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 239 | + | ||
| 240 | + | 54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive.(b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following:(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:(A) A two-way audiovisual platform. (B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting.(8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (11) If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer.(c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings.(d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means (e) For purposes of this section, the following definitions apply:(1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 399 | 241 | ||
| 400 | 242 | ||
| 401 | 243 | ||
| 402 | 244 | 54953.8. (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive. | |
| 403 | 245 | ||
| 404 | 246 | (b) A legislative body that holds a meeting pursuant to this section shall comply with all of the following: | |
| 405 | 247 | ||
| 406 | 248 | (1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body: | |
| 407 | 249 | ||
| 408 | 250 | (A) A two-way audiovisual platform. | |
| 409 | 251 | ||
| 410 | 252 | (B) A two-way telephonic service and a live webcasting of the meeting. | |
| 411 | 253 | ||
| 412 | 254 | (2) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. | |
| 413 | 255 | ||
| 414 | 256 | (3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agencys control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. | |
| 415 | 257 | ||
| 416 | 258 | (4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. | |
| 417 | 259 | ||
| 418 | 260 | (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. | |
| 419 | 261 | ||
| 420 | 262 | (6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. | |
| 421 | 263 | ||
| 422 | 264 | (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. | |
| 423 | 265 | ||
| 424 | 266 | (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. | |
| 425 | 267 | ||
| 426 | 268 | (7) Any member of the legislative body who participates in a teleconference meeting from a remote location shall be listed in the minutes of the meeting. | |
| 427 | 269 | ||
| 428 | 270 | (8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. | |
| 429 | 271 | ||
| 430 | 272 | (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. | |
| 431 | 273 | ||
| 432 | 274 | (10) Instructions on joining the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment, shall be made available in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. | |
| 433 | 275 | ||
| 434 | 276 | (11) If the meeting is outside regular business hours, the legislative body shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting, including, but not limited to, providing access to a computer. | |
| 435 | 277 | ||
| 436 | - | ||
| 437 | - | ||
| 438 | 278 | (c) A local agency shall identify and make available to legislative bodies a list of meeting locations that the legislative bodies may use to conduct their meetings. | |
| 439 | 279 | ||
| 440 | 280 | (d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. | |
| 441 | 281 | ||
| 442 | 282 | (2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means | |
| 443 | 283 | ||
| 444 | 284 | (e) For purposes of this section, the following definitions apply: | |
| 445 | 285 | ||
| 446 | 286 | (1) Remote location means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. | |
| 447 | 287 | ||
| 448 | 288 | (2) Remote participation means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. | |
| 449 | 289 | ||
| 450 | 290 | (3) Teleconference means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. | |
| 451 | 291 | ||
| 452 | - | (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. | |
| 292 | + | (4) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. | |
| 453 | 293 | ||
| 454 | - | (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, | |
| 294 | + | (5) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. | |
| 455 | 295 | ||
| 456 | 296 | (6) Webcasting means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. | |
| 457 | 297 | ||
| 458 | - | SEC. 3 | |
| 298 | + | SEC. 3. Section 54953.8.1 is added to the Government Code, to read:54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.(b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.(c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. | |
| 459 | 299 | ||
| 460 | - | SEC. 3 | |
| 300 | + | SEC. 3. Section 54953.8.1 is added to the Government Code, to read: | |
| 461 | 301 | ||
| 462 | - | ### SEC. 3. | |
| 302 | + | ### SEC. 3. | |
| 463 | 303 | ||
| 464 | 304 | 54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.(b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.(c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. | |
| 465 | 305 | ||
| 466 | 306 | 54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.(b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.(c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. | |
| 467 | 307 | ||
| 468 | 308 | 54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.(b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority.(c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. | |
| 469 | 309 | ||
| 470 | 310 | ||
| 471 | 311 | ||
| 472 | 312 | 54953.8.1. (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section. | |
| 473 | 313 | ||
| 474 | 314 | (b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. | |
| 475 | 315 | ||
| 476 | 316 | (c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. | |
| 477 | 317 | ||
| 478 | - | SEC. 4 | |
| 318 | + | SEC. 4. Section 54953.8.2 is added to the Government Code, to read:54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) For purposes of this section, the following definitions apply:(1) Local emergency means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the jurisdiction in which the legislative body is located. (2) State of emergency means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). | |
| 479 | 319 | ||
| 480 | - | SEC. 4 | |
| 320 | + | SEC. 4. Section 54953.8.2 is added to the Government Code, to read: | |
| 481 | 321 | ||
| 482 | - | ### SEC. 4. | |
| 322 | + | ### SEC. 4. | |
| 483 | 323 | ||
| 484 | - | 54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) | |
| 324 | + | 54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) For purposes of this section, the following definitions apply:(1) Local emergency means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the jurisdiction in which the legislative body is located. (2) State of emergency means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). | |
| 485 | 325 | ||
| 486 | - | 54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) | |
| 326 | + | 54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) For purposes of this section, the following definitions apply:(1) Local emergency means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the jurisdiction in which the legislative body is located. (2) State of emergency means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). | |
| 487 | 327 | ||
| 488 | - | 54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) | |
| 328 | + | 54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.(2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (d) For purposes of this section, the following definitions apply:(1) Local emergency means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the jurisdiction in which the legislative body is located. (2) State of emergency means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). | |
| 489 | 329 | ||
| 490 | 330 | ||
| 491 | 331 | ||
| 492 | 332 | 54953.8.2. (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances: | |
| 493 | 333 | ||
| 494 | 334 | (1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. | |
| 495 | 335 | ||
| 496 | 336 | (2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. | |
| 497 | 337 | ||
| 498 | 338 | (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: | |
| 499 | 339 | ||
| 500 | 340 | (1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. | |
| 501 | 341 | ||
| 502 | 342 | (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. | |
| 503 | 343 | ||
| 504 | 344 | (c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. | |
| 505 | 345 | ||
| 506 | - | (d) | |
| 507 | - | ||
| 508 | - | ||
| 509 | - | ||
| 510 | - | (d) Notwithstanding paragraph (1) of subdivision (b) of Section 54953.8, a legislative body conducting a teleconference meeting pursuant to this section may elect to use a two-way telephonic service without a live webcasting of the meeting. | |
| 511 | - | ||
| 512 | - | (e) For purposes of this section, the following definitions apply: | |
| 346 | + | (d) For purposes of this section, the following definitions apply: | |
| 513 | 347 | ||
| 514 | 348 | (1) Local emergency means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the jurisdiction in which the legislative body is located. | |
| 515 | 349 | ||
| 516 | 350 | (2) State of emergency means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). | |
| 517 | 351 | ||
| 518 | - | SEC. 5 | |
| 352 | + | SEC. 5. Section 54953.8.3 is added to the Government Code, to read:54953.8.3. (a) (1) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:(2) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (3) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with those individuals.(4) The member shall participate through both audio and visual technology. (5) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: (i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a meeting shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. (b) For purposes of this section, just cause means any of the following: (1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2. (2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental disability, as defined in Sections 12926 and 12926.1, not otherwise accommodated by any reasonable accommodations provided.(4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.(6) A physical or family medical emergency that prevents a member from attending in person. (c) This section shall not be construed to limit the ability of a legislative body to use alternative teleconferencing provisions.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 519 | 353 | ||
| 520 | - | SEC. 5 | |
| 354 | + | SEC. 5. Section 54953.8.3 is added to the Government Code, to read: | |
| 521 | 355 | ||
| 522 | - | ### SEC. 5. | |
| 356 | + | ### SEC. 5. | |
| 523 | 357 | ||
| 524 | 358 | 54953.8.3. (a) (1) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:(2) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (3) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with those individuals.(4) The member shall participate through both audio and visual technology. (5) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: (i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a meeting shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. (b) For purposes of this section, just cause means any of the following: (1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2. (2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental disability, as defined in Sections 12926 and 12926.1, not otherwise accommodated by any reasonable accommodations provided.(4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.(6) A physical or family medical emergency that prevents a member from attending in person. (c) This section shall not be construed to limit the ability of a legislative body to use alternative teleconferencing provisions.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 525 | 359 | ||
| 526 | 360 | 54953.8.3. (a) (1) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:(2) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (3) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with those individuals.(4) The member shall participate through both audio and visual technology. (5) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: (i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a meeting shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. (b) For purposes of this section, just cause means any of the following: (1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2. (2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental disability, as defined in Sections 12926 and 12926.1, not otherwise accommodated by any reasonable accommodations provided.(4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.(6) A physical or family medical emergency that prevents a member from attending in person. (c) This section shall not be construed to limit the ability of a legislative body to use alternative teleconferencing provisions.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 527 | 361 | ||
| 528 | 362 | 54953.8.3. (a) (1) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:(2) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. (3) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with those individuals.(4) The member shall participate through both audio and visual technology. (5) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: (i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a meeting shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. (b) For purposes of this section, just cause means any of the following: (1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2. (2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental disability, as defined in Sections 12926 and 12926.1, not otherwise accommodated by any reasonable accommodations provided.(4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely.(6) A physical or family medical emergency that prevents a member from attending in person. (c) This section shall not be construed to limit the ability of a legislative body to use alternative teleconferencing provisions.(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 529 | 363 | ||
| 530 | 364 | ||
| 531 | 365 | ||
| 532 | 366 | 54953.8.3. (a) (1) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements: | |
| 533 | 367 | ||
| 534 | 368 | (2) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. | |
| 535 | 369 | ||
| 536 | 370 | (3) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the members relationship with those individuals. | |
| 537 | 371 | ||
| 538 | 372 | (4) The member shall participate through both audio and visual technology. | |
| 539 | 373 | ||
| 540 | 374 | (5) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: | |
| 541 | 375 | ||
| 542 | 376 | (i) Two meetings per year, if the legislative body regularly meets once per month or less. | |
| 543 | 377 | ||
| 544 | 378 | (ii) Five meetings per year, if the legislative body regularly meets twice per month. | |
| 545 | 379 | ||
| 546 | 380 | (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. | |
| 547 | 381 | ||
| 548 | 382 | (B) For the purpose of counting meetings attended by teleconference under this paragraph, a meeting shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. | |
| 549 | 383 | ||
| 550 | 384 | (b) For purposes of this section, just cause means any of the following: | |
| 551 | 385 | ||
| 552 | 386 | (1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. Child, parent, grandparent, grandchild, and sibling have the same meaning as those terms do in Section 12945.2. | |
| 553 | 387 | ||
| 554 | 388 | (2) A contagious illness that prevents a member from attending in person. | |
| 555 | 389 | ||
| 556 | 390 | (3) A need related to a physical or mental disability, as defined in Sections 12926 and 12926.1, not otherwise accommodated by any reasonable accommodations provided. | |
| 557 | 391 | ||
| 558 | 392 | (4) Travel while on official business of the legislative body or another state or local agency. | |
| 559 | 393 | ||
| 560 | 394 | (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely. | |
| 561 | 395 | ||
| 562 | 396 | (6) A physical or family medical emergency that prevents a member from attending in person. | |
| 563 | 397 | ||
| 564 | 398 | (c) This section shall not be construed to limit the ability of a legislative body to use alternative teleconferencing provisions. | |
| 565 | 399 | ||
| 566 | 400 | (d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 567 | 401 | ||
| 568 | - | SEC. 6 | |
| 402 | + | SEC. 6. Section 54953.8.4 is added to the Government Code, to read:54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting. (B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. (2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: (A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. (3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (b) For purposes of this section, the following definitions apply:(1) Accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (2) Eligible neighborhood council means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 569 | 403 | ||
| 570 | - | SEC. 6 | |
| 404 | + | SEC. 6. Section 54953.8.4 is added to the Government Code, to read: | |
| 571 | 405 | ||
| 572 | - | ### SEC. 6. | |
| 406 | + | ### SEC. 6. | |
| 573 | 407 | ||
| 574 | 408 | 54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting. (B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. (2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: (A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. (3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (b) For purposes of this section, the following definitions apply:(1) Accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (2) Eligible neighborhood council means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 575 | 409 | ||
| 576 | 410 | 54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting. (B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. (2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: (A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. (3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (b) For purposes of this section, the following definitions apply:(1) Accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (2) Eligible neighborhood council means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 577 | 411 | ||
| 578 | 412 | 54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting. (B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. (2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: (A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. (3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (b) For purposes of this section, the following definitions apply:(1) Accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (2) Eligible neighborhood council means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 579 | 413 | ||
| 580 | 414 | ||
| 581 | 415 | ||
| 582 | 416 | 54953.8.4. (a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred: | |
| 583 | 417 | ||
| 584 | 418 | (1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting. | |
| 585 | 419 | ||
| 586 | 420 | (B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. | |
| 587 | 421 | ||
| 588 | 422 | (C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. | |
| 589 | 423 | ||
| 590 | 424 | (2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: | |
| 591 | 425 | ||
| 592 | 426 | (A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. | |
| 593 | 427 | ||
| 594 | 428 | (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. | |
| 595 | 429 | ||
| 596 | 430 | (3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. | |
| 597 | 431 | ||
| 598 | 432 | (b) For purposes of this section, the following definitions apply: | |
| 599 | 433 | ||
| 600 | 434 | (1) Accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. | |
| 601 | 435 | ||
| 602 | 436 | (2) Eligible neighborhood council means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. | |
| 603 | 437 | ||
| 604 | 438 | (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 605 | 439 | ||
| 606 | - | SEC. 7 | |
| 440 | + | SEC. 7. Section 54953.8.5 is added to the Government Code, to read:54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to the Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: (A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting. (B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) At least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. (ii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (I) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (II) The person is under 18 years of age. (III) The person is incarcerated. (IV) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (V) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:(A) If the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (B) If the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (b) For purposes of this section, eligible community college student organization means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 607 | 441 | ||
| 608 | - | SEC. 7 | |
| 442 | + | SEC. 7. Section 54953.8.5 is added to the Government Code, to read: | |
| 609 | 443 | ||
| 610 | - | ### SEC. 7. | |
| 444 | + | ### SEC. 7. | |
| 611 | 445 | ||
| 612 | 446 | 54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to the Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: (A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting. (B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) At least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. (ii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (I) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (II) The person is under 18 years of age. (III) The person is incarcerated. (IV) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (V) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:(A) If the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (B) If the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (b) For purposes of this section, eligible community college student organization means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 613 | 447 | ||
| 614 | 448 | 54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to the Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: (A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting. (B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) At least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. (ii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (I) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (II) The person is under 18 years of age. (III) The person is incarcerated. (IV) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (V) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:(A) If the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (B) If the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (b) For purposes of this section, eligible community college student organization means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 615 | 449 | ||
| 616 | 450 | 54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to the Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: (A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting. (B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. (C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) At least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. (ii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (I) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (II) The person is under 18 years of age. (III) The person is incarcerated. (IV) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (V) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:(A) If the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (B) If the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. (b) For purposes of this section, eligible community college student organization means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 617 | 451 | ||
| 618 | 452 | ||
| 619 | 453 | ||
| 620 | 454 | 54953.8.5. (a) An eligible community college student organization may conduct a teleconference meeting pursuant to the Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements: | |
| 621 | 455 | ||
| 622 | 456 | (1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: | |
| 623 | 457 | ||
| 624 | 458 | (A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting. | |
| 625 | 459 | ||
| 626 | 460 | (B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. | |
| 627 | 461 | ||
| 628 | 462 | (C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. | |
| 629 | 463 | ||
| 630 | 464 | (D) (i) At least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. | |
| 631 | 465 | ||
| 632 | 466 | (ii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: | |
| 633 | 467 | ||
| 634 | 468 | (I) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). | |
| 635 | 469 | ||
| 636 | 470 | (II) The person is under 18 years of age. | |
| 637 | 471 | ||
| 638 | 472 | (III) The person is incarcerated. | |
| 639 | 473 | ||
| 640 | 474 | (IV) The person is unable to disclose the location that they are participating from because of either of the following circumstances: | |
| 641 | 475 | ||
| 642 | 476 | (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. | |
| 643 | 477 | ||
| 644 | 478 | (ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. | |
| 645 | 479 | ||
| 646 | 480 | (V) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. | |
| 647 | 481 | ||
| 648 | 482 | (2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable: | |
| 649 | 483 | ||
| 650 | 484 | (A) If the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. | |
| 651 | 485 | ||
| 652 | 486 | (B) If the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, accommodation means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. | |
| 653 | 487 | ||
| 654 | 488 | (b) For purposes of this section, eligible community college student organization means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter. | |
| 655 | 489 | ||
| 656 | 490 | (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 657 | 491 | ||
| 658 | - | SEC. 8 | |
| 492 | + | SEC. 8. Section 54953.8.6 is added to the Government Code, to read:54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not participate in a teleconference meeting from a remote location pursuant to this section. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) A quorum of the eligible subsidiary body cannot be established solely by members of the legislative body that created it or its staff.(5) (A) At least a quorum of the members of the eligible subsidiary body shall participate from a singular physical location that is accessible to the public and is within the jurisdiction in which the eligible subsidiary body is established. (B) Notwithstanding the requirements of subparagraph (A), a person may count toward the establishment of a quorum pursuant to subparagraph (A) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (i) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (ii) The person is under 18 years of age. (iii) The person is incarcerated. (iv) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (I) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (II) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (v) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this clause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (6) The eligible subsidiary body shall submit its recommendations in writing to the legislative body that created it.(A) The eligible subsidiary body shall present its recommendations to the legislative body that created it at a regular meeting in open session of that legislative body.(B) The legislative body shall hold the discussion of the recommendations at its next regular meeting, unless it determines it is infeasible, and then shall hold it at the following regular meeting.(C) The legislative body shall not place discussions of the recommendations on a consent calendar.(7) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every 12 months thereafter: (i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body. (iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members. (B) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.(C) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant this section at any time.(b) For purposes of this section, eligible subsidiary body means a legislative body that meets all of the following: (1) Is described in subdivision (b) of Section 54952. (2) Serves exclusively in an advisory capacity. (3) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.(4) One-half of the members or more of the eligible subsidiary body are not members of the legislative body that created it or its staff.(5) Does not have subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 659 | 493 | ||
| 660 | - | SEC. 8 | |
| 494 | + | SEC. 8. Section 54953.8.6 is added to the Government Code, to read: | |
| 661 | 495 | ||
| 662 | - | ### SEC. 8. | |
| 496 | + | ### SEC. 8. | |
| 663 | 497 | ||
| 664 | - | 54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not | |
| 498 | + | 54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not participate in a teleconference meeting from a remote location pursuant to this section. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) A quorum of the eligible subsidiary body cannot be established solely by members of the legislative body that created it or its staff.(5) (A) At least a quorum of the members of the eligible subsidiary body shall participate from a singular physical location that is accessible to the public and is within the jurisdiction in which the eligible subsidiary body is established. (B) Notwithstanding the requirements of subparagraph (A), a person may count toward the establishment of a quorum pursuant to subparagraph (A) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (i) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (ii) The person is under 18 years of age. (iii) The person is incarcerated. (iv) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (I) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (II) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (v) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this clause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (6) The eligible subsidiary body shall submit its recommendations in writing to the legislative body that created it.(A) The eligible subsidiary body shall present its recommendations to the legislative body that created it at a regular meeting in open session of that legislative body.(B) The legislative body shall hold the discussion of the recommendations at its next regular meeting, unless it determines it is infeasible, and then shall hold it at the following regular meeting.(C) The legislative body shall not place discussions of the recommendations on a consent calendar.(7) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every 12 months thereafter: (i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body. (iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members. (B) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.(C) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant this section at any time.(b) For purposes of this section, eligible subsidiary body means a legislative body that meets all of the following: (1) Is described in subdivision (b) of Section 54952. (2) Serves exclusively in an advisory capacity. (3) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.(4) One-half of the members or more of the eligible subsidiary body are not members of the legislative body that created it or its staff.(5) Does not have subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 665 | 499 | ||
| 666 | - | 54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not | |
| 500 | + | 54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not participate in a teleconference meeting from a remote location pursuant to this section. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) A quorum of the eligible subsidiary body cannot be established solely by members of the legislative body that created it or its staff.(5) (A) At least a quorum of the members of the eligible subsidiary body shall participate from a singular physical location that is accessible to the public and is within the jurisdiction in which the eligible subsidiary body is established. (B) Notwithstanding the requirements of subparagraph (A), a person may count toward the establishment of a quorum pursuant to subparagraph (A) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (i) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (ii) The person is under 18 years of age. (iii) The person is incarcerated. (iv) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (I) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (II) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (v) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this clause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (6) The eligible subsidiary body shall submit its recommendations in writing to the legislative body that created it.(A) The eligible subsidiary body shall present its recommendations to the legislative body that created it at a regular meeting in open session of that legislative body.(B) The legislative body shall hold the discussion of the recommendations at its next regular meeting, unless it determines it is infeasible, and then shall hold it at the following regular meeting.(C) The legislative body shall not place discussions of the recommendations on a consent calendar.(7) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every 12 months thereafter: (i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body. (iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members. (B) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.(C) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant this section at any time.(b) For purposes of this section, eligible subsidiary body means a legislative body that meets all of the following: (1) Is described in subdivision (b) of Section 54952. (2) Serves exclusively in an advisory capacity. (3) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.(4) One-half of the members or more of the eligible subsidiary body are not members of the legislative body that created it or its staff.(5) Does not have subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 667 | 501 | ||
| 668 | - | 54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not | |
| 502 | + | 54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. (3) Any member who receives compensation for their service on the subsidiary body shall not participate in a teleconference meeting from a remote location pursuant to this section. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) A quorum of the eligible subsidiary body cannot be established solely by members of the legislative body that created it or its staff.(5) (A) At least a quorum of the members of the eligible subsidiary body shall participate from a singular physical location that is accessible to the public and is within the jurisdiction in which the eligible subsidiary body is established. (B) Notwithstanding the requirements of subparagraph (A), a person may count toward the establishment of a quorum pursuant to subparagraph (A) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: (i) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). (ii) The person is under 18 years of age. (iii) The person is incarcerated. (iv) The person is unable to disclose the location that they are participating from because of either of the following circumstances: (I) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. (II) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. (v) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this clause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. (6) The eligible subsidiary body shall submit its recommendations in writing to the legislative body that created it.(A) The eligible subsidiary body shall present its recommendations to the legislative body that created it at a regular meeting in open session of that legislative body.(B) The legislative body shall hold the discussion of the recommendations at its next regular meeting, unless it determines it is infeasible, and then shall hold it at the following regular meeting.(C) The legislative body shall not place discussions of the recommendations on a consent calendar.(7) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every 12 months thereafter: (i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body. (iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members. (B) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.(C) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant this section at any time.(b) For purposes of this section, eligible subsidiary body means a legislative body that meets all of the following: (1) Is described in subdivision (b) of Section 54952. (2) Serves exclusively in an advisory capacity. (3) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.(4) One-half of the members or more of the eligible subsidiary body are not members of the legislative body that created it or its staff.(5) Does not have subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 669 | 503 | ||
| 670 | 504 | ||
| 671 | 505 | ||
| 672 | 506 | 54953.8.6. (a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements: | |
| 673 | 507 | ||
| 674 | 508 | (1) The eligible subsidiary body shall designate a primary physical meeting location where members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the local agency of the subsidiary body shall be present at the primary physical meeting location during the meeting. The local agency of the subsidiary body shall post the agenda at the primary physical meeting location, but need not post the agenda at a remote location. | |
| 675 | 509 | ||
| 676 | 510 | (2) (A) The members of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform. | |
| 677 | 511 | ||
| 678 | 512 | (B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically impracticable, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video, or when the visual display of meeting materials, information, or speakers on the internet or other online platform requires the visual appearance of a member of a subsidiary body on camera to cease. | |
| 679 | 513 | ||
| 680 | 514 | (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance when they turn off their camera. | |
| 681 | 515 | ||
| 682 | - | (3) Any member who receives compensation for their service on the subsidiary body shall not participate in a teleconference meeting from a remote location pursuant to this section. | |
| 516 | + | (3) Any member who receives compensation for their service on the subsidiary body shall not participate in a teleconference meeting from a remote location pursuant to this section. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses. | |
| 683 | 517 | ||
| 684 | 518 | (4) A quorum of the eligible subsidiary body cannot be established solely by members of the legislative body that created it or its staff. | |
| 685 | 519 | ||
| 686 | 520 | (5) (A) At least a quorum of the members of the eligible subsidiary body shall participate from a singular physical location that is accessible to the public and is within the jurisdiction in which the eligible subsidiary body is established. | |
| 687 | 521 | ||
| 688 | - | (B) Notwithstanding the requirements of subparagraph (A), a person may count toward the establishment of a quorum pursuant to subparagraph (A) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any either of the following criteria: criteria is met: | |
| 689 | - | ||
| 690 | - | (i) | |
| 691 | - | ||
| 692 | - | ||
| 693 | - | ||
| 694 | - | (i) The person meets any of the following criteria: | |
| 522 | + | (B) Notwithstanding the requirements of subparagraph (A), a person may count toward the establishment of a quorum pursuant to subparagraph (A) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: | |
| 695 | 523 | ||
| 696 | 524 | (i) The person has a disability that requires accommodation pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132). | |
| 697 | 525 | ||
| 698 | - | (ii) | |
| 699 | - | ||
| 700 | - | ||
| 701 | - | ||
| 702 | 526 | (ii) The person is under 18 years of age. | |
| 703 | - | ||
| 704 | - | (iii) | |
| 705 | - | ||
| 706 | - | ||
| 707 | 527 | ||
| 708 | 528 | (iii) The person is incarcerated. | |
| 709 | 529 | ||
| 710 | - | (iv) | |
| 711 | - | ||
| 712 | - | ||
| 713 | - | ||
| 714 | 530 | (iv) The person is unable to disclose the location that they are participating from because of either of the following circumstances: | |
| 715 | 531 | ||
| 716 | - | (I) | |
| 532 | + | (I) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. | |
| 717 | 533 | ||
| 718 | - | ||
| 719 | - | ||
| 720 | - | (ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. | |
| 721 | - | ||
| 722 | - | (II) | |
| 723 | - | ||
| 724 | - | ||
| 725 | - | ||
| 726 | - | (ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. | |
| 727 | - | ||
| 728 | - | (v) | |
| 729 | - | ||
| 730 | - | ||
| 534 | + | (II) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. | |
| 731 | 535 | ||
| 732 | 536 | (v) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this clause, child, parent, grandparent, grandchild, and sibling have the same meaning as those terms are defined in Section 12945.2. | |
| 733 | - | ||
| 734 | - | (ii) The local agency that created the subsidiary body has determined by a majority vote of the legislative body to include one or more of the following criteria for persons to count toward the establishment of a quorum as described in this subparagraph, and the person meets any of the applicable criteria: | |
| 735 | - | ||
| 736 | - | (I) The person has an immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner with whom the person has regular contact with that requires the person to participate remotely. | |
| 737 | - | ||
| 738 | - | (II) The person provides a doctors note before the commencement of the meeting documenting that the person has a contagious illness and that the person is recommended to avoid in-person contact with other individuals. | |
| 739 | - | ||
| 740 | - | (III) The person is coming to the meeting from an area where the local agency that created the subsidiary body has notified the subsidiary body before the commencement of the meeting that inclement weather events have compelled the local agency to issue a local advisory, including, but not limited to, tire chain control, flood danger, or risk of landslide, and that the local agency does not recommend travel to an in-person meeting unless any members of the legislative body can identify an alternative route that allows them to attend the meeting in person. | |
| 741 | - | ||
| 742 | - | (IV) The person plans to commute to the meeting via public transportation and the local agency has notified the subsidiary body of an unforeseen closure or failure of public transportation that may prevent members of the subsidiary body from attending the meeting in person. | |
| 743 | 537 | ||
| 744 | 538 | (6) The eligible subsidiary body shall submit its recommendations in writing to the legislative body that created it. | |
| 745 | 539 | ||
| 746 | 540 | (A) The eligible subsidiary body shall present its recommendations to the legislative body that created it at a regular meeting in open session of that legislative body. | |
| 747 | 541 | ||
| 748 | 542 | (B) The legislative body shall hold the discussion of the recommendations at its next regular meeting, unless it determines it is infeasible, and then shall hold it at the following regular meeting. | |
| 749 | 543 | ||
| 750 | 544 | (C) The legislative body shall not place discussions of the recommendations on a consent calendar. | |
| 751 | 545 | ||
| 752 | 546 | (7) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every 12 months thereafter: | |
| 753 | 547 | ||
| 754 | 548 | (i) The legislative body has considered the circumstances of the eligible subsidiary body. | |
| 755 | 549 | ||
| 756 | 550 | (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body. | |
| 757 | 551 | ||
| 758 | 552 | (iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members. | |
| 759 | 553 | ||
| 760 | 554 | (B) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section. | |
| 761 | 555 | ||
| 762 | 556 | (C) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant this section at any time. | |
| 763 | 557 | ||
| 764 | 558 | (b) For purposes of this section, eligible subsidiary body means a legislative body that meets all of the following: | |
| 765 | 559 | ||
| 766 | 560 | (1) Is described in subdivision (b) of Section 54952. | |
| 767 | 561 | ||
| 768 | 562 | (2) Serves exclusively in an advisory capacity. | |
| 769 | 563 | ||
| 770 | 564 | (3) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds. | |
| 771 | 565 | ||
| 772 | 566 | (4) One-half of the members or more of the eligible subsidiary body are not members of the legislative body that created it or its staff. | |
| 773 | 567 | ||
| 774 | 568 | (5) Does not have subject matter jurisdiction over elections, budgets, police oversight, or removing materials from, or restricting access to, facilities of the legislative body that created it. | |
| 775 | 569 | ||
| 776 | 570 | (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 777 | 571 | ||
| 778 | - | SEC. 9 | |
| 572 | + | SEC. 9. Section 54953.8.7 is added to the Government Code, to read:54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session.(2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) The eligible multijurisdictional body shall identify each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.(5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles round trip from the in-person location of the meeting.(b) For the purposes of this section, both of the following definitions apply:(1) Eligible multijurisdictional body means a board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter.(2) Multijurisdictional means a legislative body that includes representatives from more than one county, city, city and county, special district, or a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 779 | 573 | ||
| 780 | - | SEC. 9 | |
| 574 | + | SEC. 9. Section 54953.8.7 is added to the Government Code, to read: | |
| 781 | 575 | ||
| 782 | - | ### SEC. 9. | |
| 576 | + | ### SEC. 9. | |
| 783 | 577 | ||
| 784 | 578 | 54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session.(2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) The eligible multijurisdictional body shall identify each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.(5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles round trip from the in-person location of the meeting.(b) For the purposes of this section, both of the following definitions apply:(1) Eligible multijurisdictional body means a board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter.(2) Multijurisdictional means a legislative body that includes representatives from more than one county, city, city and county, special district, or a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 785 | 579 | ||
| 786 | 580 | 54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session.(2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) The eligible multijurisdictional body shall identify each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.(5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles round trip from the in-person location of the meeting.(b) For the purposes of this section, both of the following definitions apply:(1) Eligible multijurisdictional body means a board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter.(2) Multijurisdictional means a legislative body that includes representatives from more than one county, city, city and county, special district, or a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 787 | 581 | ||
| 788 | 582 | 54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session.(2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses.(4) The eligible multijurisdictional body shall identify each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.(5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles round trip from the in-person location of the meeting.(b) For the purposes of this section, both of the following definitions apply:(1) Eligible multijurisdictional body means a board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter.(2) Multijurisdictional means a legislative body that includes representatives from more than one county, city, city and county, special district, or a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 789 | 583 | ||
| 790 | 584 | ||
| 791 | 585 | ||
| 792 | 586 | 54953.8.7. (a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements: | |
| 793 | 587 | ||
| 794 | 588 | (1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session. | |
| 795 | 589 | ||
| 796 | 590 | (2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction. | |
| 797 | 591 | ||
| 798 | 592 | (3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, compensation does not include reimbursement for actual and necessary expenses. | |
| 799 | 593 | ||
| 800 | 594 | (4) The eligible multijurisdictional body shall identify each member of the eligible multijurisdictional body who plans to participate remotely in the agenda. | |
| 801 | 595 | ||
| 802 | 596 | (5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles round trip from the in-person location of the meeting. | |
| 803 | 597 | ||
| 804 | 598 | (b) For the purposes of this section, both of the following definitions apply: | |
| 805 | 599 | ||
| 806 | 600 | (1) Eligible multijurisdictional body means a board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter. | |
| 807 | 601 | ||
| 808 | 602 | (2) Multijurisdictional means a legislative body that includes representatives from more than one county, city, city and county, special district, or a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. | |
| 809 | 603 | ||
| 810 | 604 | (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 811 | 605 | ||
| 812 | - | SEC. 10 | |
| 606 | + | SEC. 10. Section 54953.9 is added to the Government Code, to read:54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform.(B) If a city council or a county board of supervisors elects to provide a two-way audiovisual platform, the city council or a county board of supervisors shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the system.(2) If a city council or county board of supervisors has provided video streaming for at least one open and public meeting on or before January 1, 2026, the city council or county board of supervisors shall continue to provide video streaming consistent with the previously provided video streaming.(3) All open and public meetings shall provide the public with an opportunity to comment on proposed legislation via a two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to comment on agenda items with the same time allotment as a person attending a meeting in person.(b) (1) A city council or a county board of supervisors described in subdivision (a) shall have in place a system for requesting and receiving interpretation services for public meetings, including the public comment period. The city council or a county board of supervisors shall publicize the online system described in this paragraph and any instructions on how to request certified interpretation services for public meetings online.(2) If interpretation services are requested for a public meeting and public comment period, the city council or a county board of supervisors shall make reasonable efforts to accommodate any member of the public that requests the interpretation services.(c) A city council or a county board of supervisors described in subdivision (a) shall make a good faith effort to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings, which shall include, at a minimum, all of the following:(1) Making a good faith effort to provide public meeting information to all of the following:(A) Media organizations that provide news coverage in the jurisdiction of the city council or a county board of supervisors, including media organizations that serve non-English-speaking communities.(B) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or other organizations that are active in the jurisdiction of the city council or a county board of supervisors, including organizations active in non-English-speaking communities.(C) Any person that has requested to be notified concerning the city councils or a county board of supervisors public meetings. The city council or a county board of supervisors shall maintain a contact list for all people requesting notification and provide them with regular updates regarding public meetings, including, at minimum, notices of upcoming public meetings.(2) Creating and maintaining an accessible internet webpage dedicated to public meetings, in which a prominent link on the webpage is included on the homepage of the city councils or a county board of supervisors internet website, and that includes, or provides a link to, all of the following information:(A) A general explanation of the public meeting process for the city council or a county board of supervisors that is provided in English and any other applicable languages.(B) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment that is provided in English and any other applicable languages.(C) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.(D) A notice of the applicable languages in which the city council or a county board of supervisors will provide live translation of a public meeting upon request and instructions for making the request that is provided in English and any other applicable languages.(E) Instructions and a method for a person to sign up to receive regular notices regarding public meetings, including notices of public meetings that are provided in English and any other applicable languages.(F) A notice and agenda for each public meeting.(G) Any available recordings of each public meeting, to the extent applicable.(d) For purposes of this section, the following definitions apply:(1) Applicable language means languages spoken jointly by 20 percent or more of the population in the county in which the city council or a county board of supervisors is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source.(2) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (3) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.(4) Video streaming means media in which the data from a live filming or a video file is continuously delivered via the internet to a remote user, allowing a video to be viewed online by the public without being downloaded on a host computer or device.(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 813 | 607 | ||
| 814 | - | SEC. 10 | |
| 608 | + | SEC. 10. Section 54953.9 is added to the Government Code, to read: | |
| 815 | 609 | ||
| 816 | - | ### SEC. 10. | |
| 610 | + | ### SEC. 10. | |
| 817 | 611 | ||
| 818 | - | 54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option | |
| 612 | + | 54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform.(B) If a city council or a county board of supervisors elects to provide a two-way audiovisual platform, the city council or a county board of supervisors shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the system.(2) If a city council or county board of supervisors has provided video streaming for at least one open and public meeting on or before January 1, 2026, the city council or county board of supervisors shall continue to provide video streaming consistent with the previously provided video streaming.(3) All open and public meetings shall provide the public with an opportunity to comment on proposed legislation via a two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to comment on agenda items with the same time allotment as a person attending a meeting in person.(b) (1) A city council or a county board of supervisors described in subdivision (a) shall have in place a system for requesting and receiving interpretation services for public meetings, including the public comment period. The city council or a county board of supervisors shall publicize the online system described in this paragraph and any instructions on how to request certified interpretation services for public meetings online.(2) If interpretation services are requested for a public meeting and public comment period, the city council or a county board of supervisors shall make reasonable efforts to accommodate any member of the public that requests the interpretation services.(c) A city council or a county board of supervisors described in subdivision (a) shall make a good faith effort to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings, which shall include, at a minimum, all of the following:(1) Making a good faith effort to provide public meeting information to all of the following:(A) Media organizations that provide news coverage in the jurisdiction of the city council or a county board of supervisors, including media organizations that serve non-English-speaking communities.(B) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or other organizations that are active in the jurisdiction of the city council or a county board of supervisors, including organizations active in non-English-speaking communities.(C) Any person that has requested to be notified concerning the city councils or a county board of supervisors public meetings. The city council or a county board of supervisors shall maintain a contact list for all people requesting notification and provide them with regular updates regarding public meetings, including, at minimum, notices of upcoming public meetings.(2) Creating and maintaining an accessible internet webpage dedicated to public meetings, in which a prominent link on the webpage is included on the homepage of the city councils or a county board of supervisors internet website, and that includes, or provides a link to, all of the following information:(A) A general explanation of the public meeting process for the city council or a county board of supervisors that is provided in English and any other applicable languages.(B) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment that is provided in English and any other applicable languages.(C) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.(D) A notice of the applicable languages in which the city council or a county board of supervisors will provide live translation of a public meeting upon request and instructions for making the request that is provided in English and any other applicable languages.(E) Instructions and a method for a person to sign up to receive regular notices regarding public meetings, including notices of public meetings that are provided in English and any other applicable languages.(F) A notice and agenda for each public meeting.(G) Any available recordings of each public meeting, to the extent applicable.(d) For purposes of this section, the following definitions apply:(1) Applicable language means languages spoken jointly by 20 percent or more of the population in the county in which the city council or a county board of supervisors is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source.(2) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (3) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.(4) Video streaming means media in which the data from a live filming or a video file is continuously delivered via the internet to a remote user, allowing a video to be viewed online by the public without being downloaded on a host computer or device.(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 819 | 613 | ||
| 820 | - | 54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option | |
| 614 | + | 54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform.(B) If a city council or a county board of supervisors elects to provide a two-way audiovisual platform, the city council or a county board of supervisors shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the system.(2) If a city council or county board of supervisors has provided video streaming for at least one open and public meeting on or before January 1, 2026, the city council or county board of supervisors shall continue to provide video streaming consistent with the previously provided video streaming.(3) All open and public meetings shall provide the public with an opportunity to comment on proposed legislation via a two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to comment on agenda items with the same time allotment as a person attending a meeting in person.(b) (1) A city council or a county board of supervisors described in subdivision (a) shall have in place a system for requesting and receiving interpretation services for public meetings, including the public comment period. The city council or a county board of supervisors shall publicize the online system described in this paragraph and any instructions on how to request certified interpretation services for public meetings online.(2) If interpretation services are requested for a public meeting and public comment period, the city council or a county board of supervisors shall make reasonable efforts to accommodate any member of the public that requests the interpretation services.(c) A city council or a county board of supervisors described in subdivision (a) shall make a good faith effort to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings, which shall include, at a minimum, all of the following:(1) Making a good faith effort to provide public meeting information to all of the following:(A) Media organizations that provide news coverage in the jurisdiction of the city council or a county board of supervisors, including media organizations that serve non-English-speaking communities.(B) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or other organizations that are active in the jurisdiction of the city council or a county board of supervisors, including organizations active in non-English-speaking communities.(C) Any person that has requested to be notified concerning the city councils or a county board of supervisors public meetings. The city council or a county board of supervisors shall maintain a contact list for all people requesting notification and provide them with regular updates regarding public meetings, including, at minimum, notices of upcoming public meetings.(2) Creating and maintaining an accessible internet webpage dedicated to public meetings, in which a prominent link on the webpage is included on the homepage of the city councils or a county board of supervisors internet website, and that includes, or provides a link to, all of the following information:(A) A general explanation of the public meeting process for the city council or a county board of supervisors that is provided in English and any other applicable languages.(B) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment that is provided in English and any other applicable languages.(C) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.(D) A notice of the applicable languages in which the city council or a county board of supervisors will provide live translation of a public meeting upon request and instructions for making the request that is provided in English and any other applicable languages.(E) Instructions and a method for a person to sign up to receive regular notices regarding public meetings, including notices of public meetings that are provided in English and any other applicable languages.(F) A notice and agenda for each public meeting.(G) Any available recordings of each public meeting, to the extent applicable.(d) For purposes of this section, the following definitions apply:(1) Applicable language means languages spoken jointly by 20 percent or more of the population in the county in which the city council or a county board of supervisors is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source.(2) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (3) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.(4) Video streaming means media in which the data from a live filming or a video file is continuously delivered via the internet to a remote user, allowing a video to be viewed online by the public without being downloaded on a host computer or device.(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 821 | 615 | ||
| 822 | - | 54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option | |
| 616 | + | 54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements:(1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform.(B) If a city council or a county board of supervisors elects to provide a two-way audiovisual platform, the city council or a county board of supervisors shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the system.(2) If a city council or county board of supervisors has provided video streaming for at least one open and public meeting on or before January 1, 2026, the city council or county board of supervisors shall continue to provide video streaming consistent with the previously provided video streaming.(3) All open and public meetings shall provide the public with an opportunity to comment on proposed legislation via a two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to comment on agenda items with the same time allotment as a person attending a meeting in person.(b) (1) A city council or a county board of supervisors described in subdivision (a) shall have in place a system for requesting and receiving interpretation services for public meetings, including the public comment period. The city council or a county board of supervisors shall publicize the online system described in this paragraph and any instructions on how to request certified interpretation services for public meetings online.(2) If interpretation services are requested for a public meeting and public comment period, the city council or a county board of supervisors shall make reasonable efforts to accommodate any member of the public that requests the interpretation services.(c) A city council or a county board of supervisors described in subdivision (a) shall make a good faith effort to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings, which shall include, at a minimum, all of the following:(1) Making a good faith effort to provide public meeting information to all of the following:(A) Media organizations that provide news coverage in the jurisdiction of the city council or a county board of supervisors, including media organizations that serve non-English-speaking communities.(B) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or other organizations that are active in the jurisdiction of the city council or a county board of supervisors, including organizations active in non-English-speaking communities.(C) Any person that has requested to be notified concerning the city councils or a county board of supervisors public meetings. The city council or a county board of supervisors shall maintain a contact list for all people requesting notification and provide them with regular updates regarding public meetings, including, at minimum, notices of upcoming public meetings.(2) Creating and maintaining an accessible internet webpage dedicated to public meetings, in which a prominent link on the webpage is included on the homepage of the city councils or a county board of supervisors internet website, and that includes, or provides a link to, all of the following information:(A) A general explanation of the public meeting process for the city council or a county board of supervisors that is provided in English and any other applicable languages.(B) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment that is provided in English and any other applicable languages.(C) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.(D) A notice of the applicable languages in which the city council or a county board of supervisors will provide live translation of a public meeting upon request and instructions for making the request that is provided in English and any other applicable languages.(E) Instructions and a method for a person to sign up to receive regular notices regarding public meetings, including notices of public meetings that are provided in English and any other applicable languages.(F) A notice and agenda for each public meeting.(G) Any available recordings of each public meeting, to the extent applicable.(d) For purposes of this section, the following definitions apply:(1) Applicable language means languages spoken jointly by 20 percent or more of the population in the county in which the city council or a county board of supervisors is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source.(2) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (3) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.(4) Video streaming means media in which the data from a live filming or a video file is continuously delivered via the internet to a remote user, allowing a video to be viewed online by the public without being downloaded on a host computer or device.(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 823 | 617 | ||
| 824 | 618 | ||
| 825 | 619 | ||
| 826 | 620 | 54953.9. (a) In addition to any other applicable requirements of this chapter, a city council or a county board of supervisors shall comply with the following requirements: | |
| 827 | 621 | ||
| 828 | - | (1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option | |
| 622 | + | (1) (A) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic option or a two-way audiovisual platform. | |
| 829 | 623 | ||
| 830 | 624 | (B) If a city council or a county board of supervisors elects to provide a two-way audiovisual platform, the city council or a county board of supervisors shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the system. | |
| 831 | 625 | ||
| 832 | 626 | (2) If a city council or county board of supervisors has provided video streaming for at least one open and public meeting on or before January 1, 2026, the city council or county board of supervisors shall continue to provide video streaming consistent with the previously provided video streaming. | |
| 833 | 627 | ||
| 834 | - | ||
| 835 | - | ||
| 836 | - | (3) | |
| 837 | - | ||
| 838 | - | ||
| 839 | - | ||
| 840 | - | (2) All open and public meetings shall provide the public with an opportunity to comment on proposed legislation agenda items via a two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to comment on agenda items with the same time allotment as a person attending a meeting in person. | |
| 628 | + | (3) All open and public meetings shall provide the public with an opportunity to comment on proposed legislation via a two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to comment on agenda items with the same time allotment as a person attending a meeting in person. | |
| 841 | 629 | ||
| 842 | 630 | (b) (1) A city council or a county board of supervisors described in subdivision (a) shall have in place a system for requesting and receiving interpretation services for public meetings, including the public comment period. The city council or a county board of supervisors shall publicize the online system described in this paragraph and any instructions on how to request certified interpretation services for public meetings online. | |
| 843 | 631 | ||
| 844 | 632 | (2) If interpretation services are requested for a public meeting and public comment period, the city council or a county board of supervisors shall make reasonable efforts to accommodate any member of the public that requests the interpretation services. | |
| 845 | 633 | ||
| 634 | + | (c) A city council or a county board of supervisors described in subdivision (a) shall make a good faith effort to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings, which shall include, at a minimum, all of the following: | |
| 846 | 635 | ||
| 847 | - | ||
| 848 | - | (c) A city council or a county board of supervisors described in subdivision (a) shall make a good faith effort to shall encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings, which shall include, meetings by, at a minimum, doing all of the following: | |
| 849 | - | ||
| 850 | - | (1) Making a good faith effort to provide Providing public meeting information to all of the following: | |
| 636 | + | (1) Making a good faith effort to provide public meeting information to all of the following: | |
| 851 | 637 | ||
| 852 | 638 | (A) Media organizations that provide news coverage in the jurisdiction of the city council or a county board of supervisors, including media organizations that serve non-English-speaking communities. | |
| 853 | 639 | ||
| 854 | 640 | (B) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or other organizations that are active in the jurisdiction of the city council or a county board of supervisors, including organizations active in non-English-speaking communities. | |
| 855 | 641 | ||
| 856 | 642 | (C) Any person that has requested to be notified concerning the city councils or a county board of supervisors public meetings. The city council or a county board of supervisors shall maintain a contact list for all people requesting notification and provide them with regular updates regarding public meetings, including, at minimum, notices of upcoming public meetings. | |
| 857 | 643 | ||
| 858 | 644 | (2) Creating and maintaining an accessible internet webpage dedicated to public meetings, in which a prominent link on the webpage is included on the homepage of the city councils or a county board of supervisors internet website, and that includes, or provides a link to, all of the following information: | |
| 859 | 645 | ||
| 860 | 646 | (A) A general explanation of the public meeting process for the city council or a county board of supervisors that is provided in English and any other applicable languages. | |
| 861 | 647 | ||
| 862 | 648 | (B) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment that is provided in English and any other applicable languages. | |
| 863 | 649 | ||
| 864 | 650 | (C) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting. | |
| 865 | 651 | ||
| 866 | 652 | (D) A notice of the applicable languages in which the city council or a county board of supervisors will provide live translation of a public meeting upon request and instructions for making the request that is provided in English and any other applicable languages. | |
| 867 | 653 | ||
| 868 | 654 | (E) Instructions and a method for a person to sign up to receive regular notices regarding public meetings, including notices of public meetings that are provided in English and any other applicable languages. | |
| 869 | 655 | ||
| 870 | 656 | (F) A notice and agenda for each public meeting. | |
| 871 | 657 | ||
| 872 | 658 | (G) Any available recordings of each public meeting, to the extent applicable. | |
| 873 | 659 | ||
| 874 | 660 | (d) For purposes of this section, the following definitions apply: | |
| 875 | 661 | ||
| 876 | 662 | (1) Applicable language means languages spoken jointly by 20 percent or more of the population in the county in which the city council or a county board of supervisors is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. | |
| 877 | 663 | ||
| 878 | - | (2) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. | |
| 664 | + | (2) Two-way audiovisual platform means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. | |
| 879 | 665 | ||
| 880 | - | (3) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, | |
| 666 | + | (3) Two-way telephonic service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. | |
| 881 | 667 | ||
| 882 | 668 | (4) Video streaming means media in which the data from a live filming or a video file is continuously delivered via the internet to a remote user, allowing a video to be viewed online by the public without being downloaded on a host computer or device. | |
| 883 | 669 | ||
| 884 | 670 | (e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 885 | 671 | ||
| 886 | - | SEC. 11 | |
| 672 | + | SEC. 11. Section 54954.2 of the Government Code, as amended by Section 92 of Chapter 131 of the Statutes of 2023, is amended to read:54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one. If(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) The agenda shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:(A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.(B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.(ii) Platform independent and machine readable.(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).(D) For the purposes of this paragraph, both of the following definitions shall apply:(i) Integrated agenda management platform means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.(ii) Legislative body has the same meaning as that term is used in subdivision (a) of Section 54952.(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1) A legislative body as that term is defined by subdivision (a) of Section 54952.(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(e)This section shall become operative January 1, 2026. | |
| 887 | 673 | ||
| 888 | - | SEC. 11 | |
| 674 | + | SEC. 11. Section 54954.2 of the Government Code, as amended by Section 92 of Chapter 131 of the Statutes of 2023, is amended to read: | |
| 889 | 675 | ||
| 890 | - | ### SEC. 11. | |
| 676 | + | ### SEC. 11. | |
| 891 | 677 | ||
| 892 | - | 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one.(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) | |
| 678 | + | 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one. If(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) The agenda shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:(A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.(B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.(ii) Platform independent and machine readable.(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).(D) For the purposes of this paragraph, both of the following definitions shall apply:(i) Integrated agenda management platform means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.(ii) Legislative body has the same meaning as that term is used in subdivision (a) of Section 54952.(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1) A legislative body as that term is defined by subdivision (a) of Section 54952.(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(e)This section shall become operative January 1, 2026. | |
| 893 | 679 | ||
| 894 | - | 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one.(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) | |
| 680 | + | 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one. If(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) The agenda shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:(A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.(B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.(ii) Platform independent and machine readable.(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).(D) For the purposes of this paragraph, both of the following definitions shall apply:(i) Integrated agenda management platform means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.(ii) Legislative body has the same meaning as that term is used in subdivision (a) of Section 54952.(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1) A legislative body as that term is defined by subdivision (a) of Section 54952.(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(e)This section shall become operative January 1, 2026. | |
| 895 | 681 | ||
| 896 | - | 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one.(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) | |
| 682 | + | 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing that meets all of the following requirements:(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one. If(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The(ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.(D) The agenda shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:(A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.(B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.(ii) Platform independent and machine readable.(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).(D) For the purposes of this paragraph, both of the following definitions shall apply:(i) Integrated agenda management platform means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public.(ii) Legislative body has the same meaning as that term is used in subdivision (a) of Section 54952.(E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1) A legislative body as that term is defined by subdivision (a) of Section 54952.(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(e)This section shall become operative January 1, 2026. | |
| 897 | 683 | ||
| 898 | 684 | ||
| 899 | 685 | ||
| 900 | - | 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements: | |
| 686 | + | 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing that meets all of the following requirements: | |
| 901 | 687 | ||
| 902 | - | (A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. | |
| 688 | + | (A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The | |
| 903 | 689 | ||
| 904 | - | (B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one. | |
| 690 | + | (B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agencys internet website, if the local agency has one. If | |
| 905 | 691 | ||
| 906 | - | (C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. | |
| 692 | + | (C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The | |
| 907 | 693 | ||
| 908 | 694 | (ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. | |
| 909 | 695 | ||
| 910 | - | (D) (i) The agenda shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. | |
| 911 | - | ||
| 912 | - | (ii) A legislative body may use a digital translation service to translate its agenda for purposes of clause (i). | |
| 913 | - | ||
| 914 | - | (ii) (I) A legislative body shall be exempt from the requirements described in clause (i) if the legislative body, pursuant to a majority vote of its legislative body at a regular meeting, adopts a resolution declaring its determination that a hardship exists that prevents the legislative body from translating the agenda into any languages other than English. | |
| 915 | - | ||
| 916 | - | (II) A resolution adopted pursuant to this clause shall include detailed findings, based upon evidence set forth in the minutes of the meeting, supporting the legislative bodys determination that a hardship prevents it from translating the agenda into any languages other than English. The findings may include, but shall not be limited to, significantly limited financial resources or insufficient staff resources. | |
| 917 | - | ||
| 918 | - | (III) A resolution adopted pursuant to this clause shall be valid for one year. A legislative body shall, in order to continue to be exempt from the requirements described in clause (i), annually adopt a resolution that meets the requirements of this clause so long as the hardship exists. | |
| 696 | + | (D) The agenda shall be provided in English and in all other languages spoken jointly by 20 percent or more of the population in the county in which the local agency is located that speaks English less than very well and jointly speaks a language other than English according to data from the most recent American Community Survey or data from an equally reliable source. | |
| 919 | 697 | ||
| 920 | 698 | (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply: | |
| 921 | 699 | ||
| 922 | 700 | (A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. | |
| 923 | 701 | ||
| 924 | 702 | (B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements: | |
| 925 | 703 | ||
| 926 | 704 | (i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications. | |
| 927 | 705 | ||
| 928 | 706 | (ii) Platform independent and machine readable. | |
| 929 | 707 | ||
| 930 | 708 | (iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. | |
| 931 | 709 | ||
| 932 | 710 | (C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: | |
| 933 | 711 | ||
| 934 | 712 | (i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. | |
| 935 | 713 | ||
| 936 | 714 | (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. | |
| 937 | 715 | ||
| 938 | 716 | (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. | |
| 939 | 717 | ||
| 940 | 718 | (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). | |
| 941 | 719 | ||
| 942 | 720 | (D) For the purposes of this paragraph, both of the following definitions shall apply: | |
| 943 | 721 | ||
| 944 | 722 | (i) Integrated agenda management platform means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. | |
| 945 | 723 | ||
| 946 | 724 | (ii) Legislative body has the same meaning as that term is used in subdivision (a) of Section 54952. | |
| 947 | 725 | ||
| 948 | 726 | (E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. | |
| 949 | 727 | ||
| 950 | 728 | (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. | |
| 951 | 729 | ||
| 952 | 730 | (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. | |
| 953 | 731 | ||
| 954 | 732 | (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. | |
| 955 | 733 | ||
| 956 | 734 | (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). | |
| 957 | 735 | ||
| 958 | 736 | (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. | |
| 959 | 737 | ||
| 960 | 738 | (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. | |
| 961 | 739 | ||
| 962 | 740 | (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: | |
| 963 | 741 | ||
| 964 | 742 | (1) A legislative body as that term is defined by subdivision (a) of Section 54952. | |
| 965 | 743 | ||
| 966 | 744 | (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. | |
| 967 | 745 | ||
| 968 | - | SEC. 12.SEC. 18. Section 54954.3 of the Government Code is amended to read:54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 969 | - | ||
| 970 | - | SEC. 12.SEC. 18. Section 54954.3 of the Government Code is amended to read: | |
| 971 | - | ||
| 972 | - | ### SEC. 12.SEC. 18. | |
| 973 | - | ||
| 974 | - | 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 975 | - | ||
| 976 | - | 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 977 | - | ||
| 978 | - | 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 746 | + | (e)This section shall become operative January 1, 2026. | |
| 979 | 747 | ||
| 980 | 748 | ||
| 981 | 749 | ||
| 982 | - | 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2 | |
| 750 | + | SEC. 12. Section 54954.3 of the Government Code is amended to read:54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committees consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 751 | + | ||
| 752 | + | SEC. 12. Section 54954.3 of the Government Code is amended to read: | |
| 753 | + | ||
| 754 | + | ### SEC. 12. | |
| 755 | + | ||
| 756 | + | 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committees consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 757 | + | ||
| 758 | + | 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committees consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 759 | + | ||
| 760 | + | 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committees consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every(2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.(2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 761 | + | ||
| 762 | + | ||
| 763 | + | ||
| 764 | + | 54954.3. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committees consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every | |
| 983 | 765 | ||
| 984 | 766 | (2) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. | |
| 985 | 767 | ||
| 986 | 768 | (b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. | |
| 987 | 769 | ||
| 988 | 770 | (2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. | |
| 989 | 771 | ||
| 990 | 772 | (3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. | |
| 991 | 773 | ||
| 992 | 774 | (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. | |
| 993 | 775 | ||
| 994 | - | SEC. | |
| 776 | + | SEC. 13. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, and Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. | |
| 995 | 777 | ||
| 996 | - | SEC. | |
| 778 | + | SEC. 13. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, and Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. | |
| 997 | 779 | ||
| 998 | - | ||
| 780 | + | SEC. 13. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, and Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: | |
| 999 | 781 | ||
| 1000 | - | 54956. (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agencys Internet Web site, internet website, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.(b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, evaluation of performance, discipline, or dismissal of the members of the legislative body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agencys budget.(c)For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1)A legislative body as that term is defined by subdivision (a) of Section 54952.(2)A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(c) A legislative body shall not consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or hear complaints or charges brought against the employee by another person or employee at a special meeting, unless the item is properly before the legislative body, as specified in Section 54954.2, and both of the following are met:(1) At the start of the meeting, at least four-fifths of the legislative body votes to proceed with the meeting.(2) Any discussion related to the topics described in this subdivision is held during open session. | |
| 1001 | - | ||
| 1002 | - | 54956. (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agencys Internet Web site, internet website, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.(b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, evaluation of performance, discipline, or dismissal of the members of the legislative body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agencys budget.(c)For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1)A legislative body as that term is defined by subdivision (a) of Section 54952.(2)A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(c) A legislative body shall not consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or hear complaints or charges brought against the employee by another person or employee at a special meeting, unless the item is properly before the legislative body, as specified in Section 54954.2, and both of the following are met:(1) At the start of the meeting, at least four-fifths of the legislative body votes to proceed with the meeting.(2) Any discussion related to the topics described in this subdivision is held during open session. | |
| 1003 | - | ||
| 1004 | - | 54956. (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agencys Internet Web site, internet website, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.(b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, evaluation of performance, discipline, or dismissal of the members of the legislative body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agencys budget.(c)For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:(1)A legislative body as that term is defined by subdivision (a) of Section 54952.(2)A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952.(c) A legislative body shall not consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or hear complaints or charges brought against the employee by another person or employee at a special meeting, unless the item is properly before the legislative body, as specified in Section 54954.2, and both of the following are met:(1) At the start of the meeting, at least four-fifths of the legislative body votes to proceed with the meeting.(2) Any discussion related to the topics described in this subdivision is held during open session. | |
| 1005 | - | ||
| 1006 | - | ||
| 1007 | - | ||
| 1008 | - | 54956. (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agencys Internet Web site, internet website, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. | |
| 1009 | - | ||
| 1010 | - | The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. | |
| 1011 | - | ||
| 1012 | - | (b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, evaluation of performance, discipline, or dismissal of the members of the legislative body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agencys budget. | |
| 1013 | - | ||
| 1014 | - | (c)For purposes of subdivision (a), the requirement that the agenda be posted on the local agencys Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: | |
| 1015 | - | ||
| 1016 | - | ||
| 1017 | - | ||
| 1018 | - | (1)A legislative body as that term is defined by subdivision (a) of Section 54952. | |
| 1019 | - | ||
| 1020 | - | ||
| 1021 | - | ||
| 1022 | - | (2)A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. | |
| 1023 | - | ||
| 1024 | - | ||
| 1025 | - | ||
| 1026 | - | (c) A legislative body shall not consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or hear complaints or charges brought against the employee by another person or employee at a special meeting, unless the item is properly before the legislative body, as specified in Section 54954.2, and both of the following are met: | |
| 1027 | - | ||
| 1028 | - | (1) At the start of the meeting, at least four-fifths of the legislative body votes to proceed with the meeting. | |
| 1029 | - | ||
| 1030 | - | (2) Any discussion related to the topics described in this subdivision is held during open session. | |
| 1031 | - | ||
| 1032 | - | SEC. 20. 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, functioning, 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, legislative body, 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, legislative body, or designee of the school board, 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.(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. | |
| 1033 | - | ||
| 1034 | - | SEC. 20. Section 54956.5 of the Government Code is amended to read: | |
| 1035 | - | ||
| 1036 | - | ### SEC. 20. | |
| 1037 | - | ||
| 1038 | - | 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, functioning, 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, legislative body, 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, legislative body, or designee of the school board, 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.(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. | |
| 1039 | - | ||
| 1040 | - | 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, functioning, 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, legislative body, 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, legislative body, or designee of the school board, 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.(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. | |
| 1041 | - | ||
| 1042 | - | 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, functioning, 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, legislative body, 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, legislative body, or designee of the school board, 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.(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. | |
| 1043 | - | ||
| 1044 | - | ||
| 1045 | - | ||
| 1046 | - | 54956.5. (a) For purposes of this section, emergency situation means both of the following: | |
| 1047 | - | ||
| 1048 | - | (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. | |
| 1049 | - | ||
| 1050 | - | (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. | |
| 1051 | - | ||
| 1052 | - | (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. | |
| 1053 | - | ||
| 1054 | - | (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. | |
| 1055 | - | ||
| 1056 | - | (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, functioning, 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. | |
| 1057 | - | ||
| 1058 | - | (B) For an emergency meeting held by a school board pursuant to this section, the presiding officer of the school board, legislative body, 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, legislative body, or designee of the school board, 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. | |
| 1059 | - | ||
| 1060 | - | (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. | |
| 1061 | - | ||
| 1062 | - | (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. | |
| 1063 | - | ||
| 1064 | - | (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. | |
| 1065 | - | ||
| 1066 | - | SEC. 21. Section 54957.1 of the Government Code is amended to read:54957.1. (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows:(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows:(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held.(B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval.(2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agencys ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.(3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows:(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held.(B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement.(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant.(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. position and an estimate of the fiscal impact of the action taken. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.(6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation.(7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction.(b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her their designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information.(c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete.(d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval.(e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section.(f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. | |
| 1067 | - | ||
| 1068 | - | SEC. 21. Section 54957.1 of the Government Code is amended to read: | |
| 1069 | - | ||
| 1070 | - | ### SEC. 21. | |
| 1071 | - | ||
| 1072 | - | 54957.1. (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows:(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows:(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held.(B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval.(2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agencys ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.(3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows:(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held.(B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement.(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant.(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. position and an estimate of the fiscal impact of the action taken. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.(6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation.(7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction.(b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her their designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information.(c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete.(d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval.(e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section.(f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. | |
| 1073 | - | ||
| 1074 | - | 54957.1. (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows:(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows:(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held.(B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval.(2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agencys ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.(3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows:(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held.(B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement.(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant.(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. position and an estimate of the fiscal impact of the action taken. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.(6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation.(7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction.(b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her their designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information.(c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete.(d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval.(e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section.(f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. | |
| 1075 | - | ||
| 1076 | - | 54957.1. (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows:(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows:(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held.(B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval.(2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agencys ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.(3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows:(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held.(B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement.(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant.(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. position and an estimate of the fiscal impact of the action taken. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.(6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation.(7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction.(b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her their designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information.(c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete.(d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval.(e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section.(f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. | |
| 1077 | - | ||
| 1078 | - | ||
| 1079 | - | ||
| 1080 | - | 54957.1. (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows: | |
| 1081 | - | ||
| 1082 | - | (1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows: | |
| 1083 | - | ||
| 1084 | - | (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. | |
| 1085 | - | ||
| 1086 | - | (B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval. | |
| 1087 | - | ||
| 1088 | - | (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agencys ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. | |
| 1089 | - | ||
| 1090 | - | (3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows: | |
| 1091 | - | ||
| 1092 | - | (A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. | |
| 1093 | - | ||
| 1094 | - | (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement. | |
| 1095 | - | ||
| 1096 | - | (4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant. | |
| 1097 | - | ||
| 1098 | - | (5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. position and an estimate of the fiscal impact of the action taken. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. | |
| 1099 | - | ||
| 1100 | - | (6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. | |
| 1101 | - | ||
| 1102 | - | (7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction. | |
| 1103 | - | ||
| 1104 | - | (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her their designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. | |
| 1105 | - | ||
| 1106 | - | (c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. | |
| 1107 | - | ||
| 1108 | - | (d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. | |
| 1109 | - | ||
| 1110 | - | (e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section. | |
| 1111 | - | ||
| 1112 | - | (f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. | |
| 1113 | - | ||
| 1114 | - | SEC. 22. Section 54957.6 of the Government Code is amended to read:54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agencys designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior representation, subject to all of the following conditions:(1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.Closed sessions of a legislative body of a local agency, as permitted in this section,(2) The closed session shall be for the purpose of reviewing its position and instructing the local agencys designated representatives.Closed sessions, as permitted in this section(3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.Closed sessions(4) Any closed session with the local agencys designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agencys available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agencys designated representative.Closed sessions held pursuant to this section(5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees. For(6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings.(b) For the purposes of this section, the term employee shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. | |
| 1115 | - | ||
| 1116 | - | SEC. 22. Section 54957.6 of the Government Code is amended to read: | |
| 1117 | - | ||
| 1118 | - | ### SEC. 22. | |
| 1119 | - | ||
| 1120 | - | 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agencys designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior representation, subject to all of the following conditions:(1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.Closed sessions of a legislative body of a local agency, as permitted in this section,(2) The closed session shall be for the purpose of reviewing its position and instructing the local agencys designated representatives.Closed sessions, as permitted in this section(3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.Closed sessions(4) Any closed session with the local agencys designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agencys available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agencys designated representative.Closed sessions held pursuant to this section(5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees. For(6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings.(b) For the purposes of this section, the term employee shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. | |
| 1121 | - | ||
| 1122 | - | 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agencys designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior representation, subject to all of the following conditions:(1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.Closed sessions of a legislative body of a local agency, as permitted in this section,(2) The closed session shall be for the purpose of reviewing its position and instructing the local agencys designated representatives.Closed sessions, as permitted in this section(3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.Closed sessions(4) Any closed session with the local agencys designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agencys available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agencys designated representative.Closed sessions held pursuant to this section(5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees. For(6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings.(b) For the purposes of this section, the term employee shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. | |
| 1123 | - | ||
| 1124 | - | 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agencys designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior representation, subject to all of the following conditions:(1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.Closed sessions of a legislative body of a local agency, as permitted in this section,(2) The closed session shall be for the purpose of reviewing its position and instructing the local agencys designated representatives.Closed sessions, as permitted in this section(3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.Closed sessions(4) Any closed session with the local agencys designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agencys available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agencys designated representative.Closed sessions held pursuant to this section(5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees. For(6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings.(b) For the purposes of this section, the term employee shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. | |
| 1125 | - | ||
| 1126 | - | ||
| 1127 | - | ||
| 1128 | - | 54957.6. (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agencys designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior representation, subject to all of the following conditions: | |
| 1129 | - | ||
| 1130 | - | (1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. | |
| 1131 | - | ||
| 1132 | - | Closed sessions of a legislative body of a local agency, as permitted in this section, | |
| 1133 | - | ||
| 1134 | - | ||
| 1135 | - | ||
| 1136 | - | (2) The closed session shall be for the purpose of reviewing its position and instructing the local agencys designated representatives. | |
| 1137 | - | ||
| 1138 | - | Closed sessions, as permitted in this section | |
| 1139 | - | ||
| 1140 | - | ||
| 1141 | - | ||
| 1142 | - | (3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. | |
| 1143 | - | ||
| 1144 | - | Closed sessions | |
| 1145 | - | ||
| 1146 | - | ||
| 1147 | - | ||
| 1148 | - | (4) Any closed session with the local agencys designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agencys available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agencys designated representative. | |
| 1149 | - | ||
| 1150 | - | Closed sessions held pursuant to this section | |
| 1151 | - | ||
| 1152 | - | ||
| 1153 | - | ||
| 1154 | - | (5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees. | |
| 1155 | - | ||
| 1156 | - | For | |
| 1157 | - | ||
| 1158 | - | ||
| 1159 | - | ||
| 1160 | - | (6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. | |
| 1161 | - | ||
| 1162 | - | (b) For the purposes of this section, the term employee shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. | |
| 1163 | - | ||
| 1164 | - | SEC. 23. Section 54960 of the Government Code is amended to read:54960. (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided.(b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, any provision of this chapter authorizing a closed session, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate.(c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording.(2) The audio recordings shall be subject to the following discovery procedures:(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure.(B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following:(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording.(ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session.(3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act.(4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding.(5) This section shall not permit discovery of communications that are protected by the attorney-client privilege. | |
| 1165 | - | ||
| 1166 | - | SEC. 23. Section 54960 of the Government Code is amended to read: | |
| 1167 | - | ||
| 1168 | - | ### SEC. 23. | |
| 1169 | - | ||
| 1170 | - | 54960. (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided.(b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, any provision of this chapter authorizing a closed session, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate.(c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording.(2) The audio recordings shall be subject to the following discovery procedures:(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure.(B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following:(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording.(ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session.(3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act.(4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding.(5) This section shall not permit discovery of communications that are protected by the attorney-client privilege. | |
| 1171 | - | ||
| 1172 | - | 54960. (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided.(b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, any provision of this chapter authorizing a closed session, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate.(c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording.(2) The audio recordings shall be subject to the following discovery procedures:(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure.(B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following:(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording.(ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session.(3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act.(4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding.(5) This section shall not permit discovery of communications that are protected by the attorney-client privilege. | |
| 1173 | - | ||
| 1174 | - | 54960. (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided.(b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, any provision of this chapter authorizing a closed session, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate.(c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording.(2) The audio recordings shall be subject to the following discovery procedures:(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure.(B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following:(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording.(ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session.(3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act.(4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding.(5) This section shall not permit discovery of communications that are protected by the attorney-client privilege. | |
| 1175 | - | ||
| 1176 | - | ||
| 1177 | - | ||
| 1178 | - | 54960. (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided. | |
| 1179 | - | ||
| 1180 | - | (b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, any provision of this chapter authorizing a closed session, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate. | |
| 1181 | - | ||
| 1182 | - | (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. | |
| 1183 | - | ||
| 1184 | - | (2) The audio recordings shall be subject to the following discovery procedures: | |
| 1185 | - | ||
| 1186 | - | (A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. | |
| 1187 | - | ||
| 1188 | - | (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: | |
| 1189 | - | ||
| 1190 | - | (i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording. | |
| 1191 | - | ||
| 1192 | - | (ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session. | |
| 1193 | - | ||
| 1194 | - | (3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. | |
| 1195 | - | ||
| 1196 | - | (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. | |
| 1197 | - | ||
| 1198 | - | (5) This section shall not permit discovery of communications that are protected by the attorney-client privilege. | |
| 1199 | - | ||
| 1200 | - | SEC. 24. Section 54960.2 of the Government Code is amended to read:54960.2. (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met:(1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation.(2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine 12 months of the alleged violation.(3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c).(4) Within 60 days of receipt of the legislative bodys response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action.(b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5.(c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form:To ______________________:The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:[Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)]In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above.The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as Rescission of Brown Act Commitment. You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing.Very truly yours,________________________________________________[Chairperson or acting chairperson of the legislative body](2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda.(3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body.(4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter.(d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section.(e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as Rescission of Brown Act Commitment, provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. | |
| 1201 | - | ||
| 1202 | - | SEC. 24. Section 54960.2 of the Government Code is amended to read: | |
| 1203 | - | ||
| 1204 | - | ### SEC. 24. | |
| 1205 | - | ||
| 1206 | - | 54960.2. (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met:(1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation.(2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine 12 months of the alleged violation.(3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c).(4) Within 60 days of receipt of the legislative bodys response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action.(b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5.(c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form:To ______________________:The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:[Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)]In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above.The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as Rescission of Brown Act Commitment. You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing.Very truly yours,________________________________________________[Chairperson or acting chairperson of the legislative body](2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda.(3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body.(4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter.(d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section.(e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as Rescission of Brown Act Commitment, provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. | |
| 1207 | - | ||
| 1208 | - | 54960.2. (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met:(1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation.(2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine 12 months of the alleged violation.(3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c).(4) Within 60 days of receipt of the legislative bodys response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action.(b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5.(c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form:To ______________________:The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:[Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)]In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above.The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as Rescission of Brown Act Commitment. You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing.Very truly yours,________________________________________________[Chairperson or acting chairperson of the legislative body](2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda.(3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body.(4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter.(d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section.(e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as Rescission of Brown Act Commitment, provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. | |
| 1209 | - | ||
| 1210 | - | 54960.2. (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met:(1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation.(2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine 12 months of the alleged violation.(3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c).(4) Within 60 days of receipt of the legislative bodys response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action.(b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5.(c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form:To ______________________:The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:[Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)]In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above.The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as Rescission of Brown Act Commitment. You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing.Very truly yours,________________________________________________[Chairperson or acting chairperson of the legislative body](2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda.(3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body.(4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter.(d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section.(e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as Rescission of Brown Act Commitment, provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. | |
| 1211 | - | ||
| 1212 | - | ||
| 1213 | - | ||
| 1214 | - | 54960.2. (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met: | |
| 1215 | - | ||
| 1216 | - | (1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. | |
| 1217 | - | ||
| 1218 | - | (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine 12 months of the alleged violation. | |
| 1219 | - | ||
| 1220 | - | (3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c). | |
| 1221 | - | ||
| 1222 | - | (4) Within 60 days of receipt of the legislative bodys response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action. | |
| 1223 | - | ||
| 1224 | - | (b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5. | |
| 1225 | - | ||
| 1226 | - | (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form: | |
| 1227 | - | ||
| 1228 | - | To ______________________: | |
| 1229 | - | ||
| 1230 | - | The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: | |
| 1231 | - | ||
| 1232 | - | [Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)] | |
| 1233 | - | ||
| 1234 | - | In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above. | |
| 1235 | - | ||
| 1236 | - | The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as Rescission of Brown Act Commitment. You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing. | |
| 1237 | - | ||
| 1238 | - | Very truly yours, | |
| 1239 | - | ||
| 1240 | - | ________________________________________________ | |
| 1241 | - | ||
| 1242 | - | [Chairperson or acting chairperson of the legislative body] | |
| 1243 | - | ||
| 1244 | - | (2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda. | |
| 1245 | - | ||
| 1246 | - | (3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body. | |
| 1247 | - | ||
| 1248 | - | (4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter. | |
| 1249 | - | ||
| 1250 | - | (d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. | |
| 1251 | - | ||
| 1252 | - | (e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as Rescission of Brown Act Commitment, provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. | |
| 1253 | - | ||
| 1254 | - | SEC. 13.SEC. 25. The Legislature finds and declares that Section 1 5 of this act, which amends Section 54953 of the Government Code, and Sections 2 to 9, of, Sections 8 to 15, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to to, and Section 20 of this act, which amends Section 54956.5 of, the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. | |
| 1255 | - | ||
| 1256 | - | SEC. 13.SEC. 25. The Legislature finds and declares that Section 1 5 of this act, which amends Section 54953 of the Government Code, and Sections 2 to 9, of, Sections 8 to 15, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to to, and Section 20 of this act, which amends Section 54956.5 of, the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:(a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. | |
| 1257 | - | ||
| 1258 | - | SEC. 13.SEC. 25. The Legislature finds and declares that Section 1 5 of this act, which amends Section 54953 of the Government Code, and Sections 2 to 9, of, Sections 8 to 15, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to to, and Section 20 of this act, which amends Section 54956.5 of, the Government Code, impose a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: | |
| 1259 | - | ||
| 1260 | - | ### SEC. 13.SEC. 25. | |
| 782 | + | ### SEC. 13. | |
| 1261 | 783 | ||
| 1262 | 784 | (a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies. | |
| 1263 | 785 | ||
| 1264 | 786 | (b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings. | |
| 1265 | 787 | ||
| 1266 | 788 | (c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. | |
| 1267 | 789 | ||
| 1268 | - | SEC. 14 | |
| 790 | + | SEC. 14. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, Section 10 of this act, which adds Section 54953.9 to the Government Code, and Sections 11 to 12, inclusive, of this act, which amend Sections 54954.2 and 54954.3, respectively, of the Government Code, further, 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) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. | |
| 1269 | 791 | ||
| 1270 | - | SEC. 14 | |
| 792 | + | SEC. 14. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, Section 10 of this act, which adds Section 54953.9 to the Government Code, and Sections 11 to 12, inclusive, of this act, which amend Sections 54954.2 and 54954.3, respectively, of the Government Code, further, 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) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies.(b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings.(c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. | |
| 1271 | 793 | ||
| 1272 | - | SEC. 14 | |
| 794 | + | SEC. 14. The Legislature finds and declares that Section 1 of this act, which amends Section 54953 of the Government Code, Sections 2 to 9, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to the Government Code, Section 10 of this act, which adds Section 54953.9 to the Government Code, and Sections 11 to 12, inclusive, of this act, which amend Sections 54954.2 and 54954.3, respectively, of the Government Code, further, 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: | |
| 1273 | 795 | ||
| 1274 | - | ### SEC. 14. | |
| 796 | + | ### SEC. 14. | |
| 1275 | 797 | ||
| 1276 | 798 | (a) This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies. | |
| 1277 | 799 | ||
| 1278 | 800 | (b) This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings. | |
| 1279 | 801 | ||
| 1280 | 802 | (c) This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. | |
| 1281 | 803 | ||
| 1282 | - | SEC. 15 | |
| 804 | + | SEC. 15. The Legislature finds and declares that adequate public access to meetings is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 10 of this act adding Section 54953.9 to, and Section 11 of this act amending Section 54954.2 of, the Government Code apply to all cities, including charter cities. | |
| 1283 | 805 | ||
| 1284 | - | SEC. 15 | |
| 806 | + | SEC. 15. The Legislature finds and declares that adequate public access to meetings is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 10 of this act adding Section 54953.9 to, and Section 11 of this act amending Section 54954.2 of, the Government Code apply to all cities, including charter cities. | |
| 1285 | 807 | ||
| 1286 | - | SEC. 15 | |
| 808 | + | SEC. 15. The Legislature finds and declares that adequate public access to meetings is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 10 of this act adding Section 54953.9 to, and Section 11 of this act amending Section 54954.2 of, the Government Code apply to all cities, including charter cities. | |
| 1287 | 809 | ||
| 1288 | - | ### SEC. 15. | |
| 810 | + | ### SEC. 15. | |
| 1289 | 811 | ||
| 1290 | - | SEC. 16 | |
| 812 | + | SEC. 16. 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. | |
| 1291 | 813 | ||
| 1292 | - | SEC. 16 | |
| 814 | + | SEC. 16. 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. | |
| 1293 | 815 | ||
| 1294 | - | SEC. 16 | |
| 816 | + | SEC. 16. 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. | |
| 1295 | 817 | ||
| 1296 | - | ### SEC. 16. | |
| 818 | + | ### SEC. 16. |