HomeMy WebLinkAboutStaff Report 14661
City of Palo Alto (ID # 14661)
Utilities Advisory Commission Staff Report
Meeting Date: 9/14/2022 Report Type: V. UNFINISHED BUSINESS
City of Palo Alto Page 1
Title: Discussion and Consideration of the Remote Attendance Policy
From: Director of Utilities
Lead Department: Utilities
Recommended Action
Delay discussion of a remote attendance policy for the Utilities Advisory Commission (UAC) until the
UAC’s next meeting.
Background and Discussion
During the City Council meeting on April 4, 2022, it was suggested the UAC, as a City Commission, should
establish a remote attendance policy.
The Council’s Final Motion was:
Council Member Tanaka motioned, seconded by Mayor Burt, to direct staff to continue to
present the findings for AB 361 for the Council, Commissions and Boards and
a) Council Members can participate remotely in Council Committee meetings up to 3
times per year;
b) Board Members and Commissioners can participate remotely, but are encouraged to
meet in person, and the Boards and Commissions should establish a remote attendance policy.
MOTION PASSED: 7-0
Section 8.4 of the UAC Bylaws provides that the UAC may, by a majority vote of its members, adopt or
amend any rules and procedures to be followed at UAC meetings and study sessions, to the extent such
rules and procedures are not in conflict with the UAC’s Bylaws or other applicable law. Staff has thus
brought forward a recommended attendance policy for the UAC’s consideration and adoption.
When the UAC adopts a remote attendance policy , staff will, in accordance with Section 10.1 of the UAC
Bylaws, transmit a copy to each member of the Commission, to the Council, and to the City Clerk. Copies
of the Bylaws and any other rules and procedures shall be made available to the public, upon request,
and at each meeting of the Commission.
At its meeting on August 3, 2022, the UAC considered establishing a remote attendance policy, per
Council direction. Staff presented a remote attendance policy for the UAC’s consideration. Several
Commissioners requested legal advice regarding whether the remote attendance policy presented
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City of Palo Alto Page 2
would be the most minimally restrictive policy possible under the Brown Act for Commissioners who
wish to attend meetings remotely.
Staff recommends that Commissioners delay their discussion of the UAC’s remote attendance policy
until the UAC’s October meeting so that staff may be certain of any changes to state law before
providing Commissioners with additional advice. At the time of this writing, the state legislature is
considering Assembly Bill 2449, Open meetings: local agencies: teleconferences (Linked Document). This
bill seeks to amend the Brown Act’s remote attendance requirements beginning in 2023. If
Commissioners wish to adopt a remote attendance policy that imposes no more restrictions than the
Brown Act does, staff recommends waiting until it is certain whether the Brown Act’s remote
attendance rules will change. By September 30, 2022 it will be certain whether AB 2449 will be passed
into law this year, at which time staff can prepare more accurate legal advice.
Environmental Review
The adoption of this policy does not meet the definition of a project under Public Resources Code
Section 21065, thus no environmental assessment under the California Environmental Quality Act is
required.
Attachments:
• Attachment A: AB 2449
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AMENDED IN SENATE AUGUST 8, 2022
AMENDED IN SENATE JUNE 30, 2022
AMENDED IN SENATE JUNE 23, 2022
AMENDED IN SENATE JUNE 15, 2022
AMENDED IN ASSEMBLY MAY 23, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2449
Introduced by Assembly Member Blanca Rubio
February 17, 2022
An act to amend, repeal, and add Section Sections 54953 and 54954.2
of the Government Code, relating to local government.
legislative counsel’s digest
AB 2449, as amended, Blanca Rubio. Open meetings: local agencies:
teleconferences.
Existing law, the Ralph M. Brown Act, requires, with specified
exceptions, that all meetings of a legislative body of a local agency, as
those terms are defined, be open and public and that all persons be
permitted to attend and participate. The act generally requires posting
an agenda at least 72 hours before a regular meeting that contains a
brief general description of each item of business to be transacted or
discussed at the meeting, and prohibits any action or discussion from
being undertaken on any item not appearing on the posted agenda. The
act authorizes a legislative body to take action on items of business not
appearing on the posted agenda under specified conditions. The act
contains specified provisions regarding the timelines for posting an
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agenda and providing for the ability of the public to observe and provide
comment. The act allows for meetings to occur via teleconferencing
subject to certain requirements, particularly that the legislative body
notice each teleconference location of each member that will be
participating in the public meeting, that each teleconference location
be accessible to the public, that members of the public be allowed to
address the legislative body at each teleconference location, that the
legislative body post an agenda at each teleconference location, and
that at least a quorum of the legislative body participate from locations
within the boundaries of the local agency’s jurisdiction. The act provides
an exemption to the jurisdictional requirement for health authorities,
as defined.
Existing law, until January 1, 2024, authorizes a local agency to use
teleconferencing without complying with those specified
teleconferencing requirements in specified circumstances when a
declared state of emergency is in effect, or in other situations related
to public health.
This bill would revise and recast those teleconferencing provisions
and, until January 1, 2026, would authorize a local agency to use
teleconferencing without complying with the teleconferencing
requirements that each teleconference location be identified in the notice
and agenda and that each teleconference location be accessible to the
public if at least a quorum of the members of the legislative body
participates in person from a singular physical location clearly identified
on the agenda that is open to the public and situated within the local
agency’s jurisdiction. Under this exception, the bill would authorize a
member to participate remotely under specified circumstances, including
participating remotely for just cause or due to emergency circumstances.
The emergency circumstances basis for remote participation would be
contingent on a request to, and action by, the legislative body. body, as
prescribed. The bill, until January 1, 2026, would authorize a legislative
body to consider and take action on a request from a member to
participate in a meeting remotely due to emergency circumstances if
the request does not allow sufficient time to place the proposed action
on the posted agenda for the meeting for which the request is made.
The bill would define terms for purposes of these teleconferencing
provisions.
This bill would impose prescribed requirements for this exception
relating to notice, agendas, the means and manner of access, and
procedures for disruptions. The bill would require the legislative body
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to implement a procedure for receiving and swiftly resolving requests
for reasonable accommodation for individuals with disabilities,
consistent with federal law.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the
interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the purpose
of ensuring public access to the meetings of public bodies and the
writings of public officials and agencies, to comply with a statutory
enactment that amends or enacts laws relating to public records or open
meetings and contains findings demonstrating that the enactment furthers
the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code, as
line 2 amended by Section 3 of Chapter 165 of the Statutes of 2021, is
line 3 amended to read:
line 4 54953. (a) All meetings of the legislative body of a local
line 5 agency shall be open and public, and all persons shall be permitted
line 6 to attend any meeting of the legislative body of a local agency,
line 7 except as otherwise provided in this chapter.
line 8 (b) (1) Notwithstanding any other provision of law, the
line 9 legislative body of a local agency may use teleconferencing for
line 10 the benefit of the public and the legislative body of a local agency
line 11 in connection with any meeting or proceeding authorized by law.
line 12 The teleconferenced meeting or proceeding shall comply with all
line 13 otherwise applicable requirements of this chapter and all otherwise
line 14 applicable provisions of law relating to a specific type of meeting
line 15 or proceeding.
line 16 (2) Teleconferencing, as authorized by this section, may be used
line 17 for all purposes in connection with any meeting within the subject
line 18 matter jurisdiction of the legislative body. If the legislative body
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line 1 of a local agency elects to use teleconferencing, the legislative
line 2 body of a local agency shall comply with all of the following:
line 3 (A) All votes taken during a teleconferenced meeting shall be
line 4 by rollcall.
line 5 (B) The teleconferenced meetings shall be conducted in a
line 6 manner that protects the statutory and constitutional rights of the
line 7 parties or the public appearing before the legislative body of a
line 8 local agency.
line 9 (C) The legislative body shall give notice of the meeting and
line 10 post agendas as otherwise required by this chapter.
line 11 (D) The legislative body shall allow members of the public to
line 12 access the meeting and the agenda shall provide an opportunity
line 13 for members of the public to address the legislative body directly
line 14 pursuant to Section 54954.3.
line 15 (3) If the legislative body of a local agency elects to use
line 16 teleconferencing, it shall post agendas at all teleconference
line 17 locations. Each teleconference location shall be identified in the
line 18 notice and agenda of the meeting or proceeding, and each
line 19 teleconference location shall be accessible to the public. During
line 20 the teleconference, at least a quorum of the members of the
line 21 legislative body shall participate from locations within the
line 22 boundaries of the territory over which the local agency exercises
line 23 jurisdiction, except as provided in subdivisions (d) and (e).
line 24 (c) (1) No legislative body shall take action by secret ballot,
line 25 whether preliminary or final.
line 26 (2) The legislative body of a local agency shall publicly report
line 27 any action taken and the vote or abstention on that action of each
line 28 member present for the action.
line 29 (3) Prior to taking final action, the legislative body shall orally
line 30 report a summary of a recommendation for a final action on the
line 31 salaries, salary schedules, or compensation paid in the form of
line 32 fringe benefits of a local agency executive, as defined in
line 33 subdivision (d) of Section 3511.1, during the open meeting in
line 34 which the final action is to be taken. This paragraph shall not affect
line 35 the public’s right under the California Public Records Act (Division
line 36 10 (commencing with Section 7920.000) of Title 1) to inspect or
line 37 copy records created or received in the process of developing the
line 38 recommendation.
line 39 (d) (1) Notwithstanding the provisions relating to a quorum in
line 40 paragraph (3) of subdivision (b), if a health authority conducts a
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line 1 teleconference meeting, members who are outside the jurisdiction
line 2 of the authority may be counted toward the establishment of a
line 3 quorum when participating in the teleconference if at least 50
line 4 percent of the number of members that would establish a quorum
line 5 are present within the boundaries of the territory over which the
line 6 authority exercises jurisdiction, and the health authority provides
line 7 a teleconference number, and associated access codes, if any, that
line 8 allows any person to call in to participate in the meeting and the
line 9 number and access codes are identified in the notice and agenda
line 10 of the meeting.
line 11 (2) Nothing in this subdivision shall be construed as
line 12 discouraging health authority members from regularly meeting at
line 13 a common physical site within the jurisdiction of the authority or
line 14 from using teleconference locations within or near the jurisdiction
line 15 of the authority. A teleconference meeting for which a quorum is
line 16 established pursuant to this subdivision shall be subject to all other
line 17 requirements of this section.
line 18 (3) For purposes of this subdivision, a health authority means
line 19 any entity created pursuant to Sections 14018.7, 14087.31,
line 20 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 21 and Institutions Code, any joint powers authority created pursuant
line 22 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 23 Division 7 for the purpose of contracting pursuant to Section
line 24 14087.3 of the Welfare and Institutions Code, and any advisory
line 25 committee to a county-sponsored health plan licensed pursuant to
line 26 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 27 Health and Safety Code if the advisory committee has 12 or more
line 28 members.
line 29 (e) (1) The legislative body of a local agency may use
line 30 teleconferencing without complying with the requirements of
line 31 paragraph (3) of subdivision (b) if the legislative body complies
line 32 with the requirements of paragraph (2) of this subdivision in any
line 33 of the following circumstances:
line 34 (A) The legislative body holds a meeting during a proclaimed
line 35 state of emergency, and state or local officials have imposed or
line 36 recommended measures to promote social distancing.
line 37 (B) The legislative body holds a meeting during a proclaimed
line 38 state of emergency for the purpose of determining, by majority
line 39 vote, whether as a result of the emergency, meeting in person
line 40 would present imminent risks to the health or safety of attendees.
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line 1 (C) The legislative body holds a meeting during a proclaimed
line 2 state of emergency and has determined, by majority vote, pursuant
line 3 to subparagraph (B), that, as a result of the emergency, meeting
line 4 in person would present imminent risks to the health or safety of
line 5 attendees.
line 6 (2) A legislative body that holds a meeting pursuant to this
line 7 subdivision shall do all of the following:
line 8 (A) In each instance in which notice of the time of the
line 9 teleconferenced meeting is otherwise given or the agenda for the
line 10 meeting is otherwise posted, the legislative body shall also give
line 11 notice of the means by which members of the public may access
line 12 the meeting and offer public comment. The agenda shall identify
line 13 and include an opportunity for all persons to attend via a call-in
line 14 option or an internet-based service option.
line 15 (B) In the event of a disruption that prevents the legislative body
line 16 from broadcasting the meeting to members of the public using the
line 17 call-in option or internet-based service option, or in the event of
line 18 a disruption within the local agency’s control that prevents
line 19 members of the public from offering public comments using the
line 20 call-in option or internet-based service option, the legislative body
line 21 shall take no further action on items appearing on the meeting
line 22 agenda until public access to the meeting via the call-in option or
line 23 internet-based service option is restored. Actions taken on agenda
line 24 items during a disruption that prevents the legislative body from
line 25 broadcasting the meeting may be challenged pursuant to Section
line 26 54960.1.
line 27 (C) The legislative body shall not require public comments to
line 28 be submitted in advance of the meeting and must provide an
line 29 opportunity for the public to address the legislative body and offer
line 30 comment in real time.
line 31 (D) Notwithstanding Section 54953.3, an individual desiring to
line 32 provide public comment through the use of an internet website, or
line 33 other online platform, not under the control of the local legislative
line 34 body, that requires registration to log in to a teleconference may
line 35 be required to register as required by the third-party internet
line 36 website or online platform to participate.
line 37 (E) (i) A legislative body that provides a timed public comment
line 38 period for each agenda item shall not close the public comment
line 39 period for the agenda item, or the opportunity to register, pursuant
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line 1 to subparagraph (F), to provide public comment until that timed
line 2 public comment period has elapsed.
line 3 (ii) A legislative body that does not provide a timed public
line 4 comment period, but takes public comment separately on each
line 5 agenda item, shall allow a reasonable amount of time per agenda
line 6 item to allow public members the opportunity to provide public
line 7 comment, including time for members of the public to register
line 8 pursuant to subparagraph (F), or otherwise be recognized for the
line 9 purpose of providing public comment.
line 10 (iii) A legislative body that provides a timed general public
line 11 comment period that does not correspond to a specific agenda item
line 12 shall not close the public comment period or the opportunity to
line 13 register, pursuant to subparagraph (F), until the timed general
line 14 public comment period has elapsed.
line 15 (3) If a state of emergency remains active, or state or local
line 16 officials have imposed or recommended measures to promote
line 17 social distancing, in order to continue to teleconference without
line 18 compliance with paragraph (3) of subdivision (b), the legislative
line 19 body shall, not later than 30 days after teleconferencing for the
line 20 first time pursuant to subparagraph (A), (B), or (C) of paragraph
line 21 (1), and every 30 days thereafter, make the following findings by
line 22 majority vote:
line 23 (A) The legislative body has reconsidered the circumstances of
line 24 the state of emergency.
line 25 (B) Any of the following circumstances exist:
line 26 (i) The state of emergency continues to directly impact the
line 27 ability of the members to meet safely in person.
line 28 (ii) State or local officials continue to impose or recommend
line 29 measures to promote social distancing.
line 30 (4) This subdivision shall not be construed to require the
line 31 legislative body to provide a physical location from which the
line 32 public may attend or comment.
line 33 (f) (1) The legislative body of a local agency may use
line 34 teleconferencing without complying with paragraph (3) of
line 35 subdivision (b) if, during the teleconference meeting, at least a
line 36 quorum of the members of the legislative body participates in
line 37 person from a singular physical location clearly identified on the
line 38 agenda, which location shall be open to the public and situated
line 39 within the boundaries of the territory over which the local agency
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line 1 exercises jurisdiction and the legislative body complies with all
line 2 of the following:
line 3 (A) The legislative body shall provide at least one of the
line 4 following as a means by which the public may remotely hear and
line 5 visually observe the meeting, and remotely address the legislative
line 6 body:
line 7 (i) A two-way audiovisual platform.
line 8 (ii) A two-way telephonic service and a live webcasting of the
line 9 meeting.
line 10 (B) In each instance in which notice of the time of the
line 11 teleconferenced meeting is otherwise given or the agenda for the
line 12 meeting is otherwise posted, the legislative body shall also give
line 13 notice of the means by which members of the public may access
line 14 the meeting and offer public comment.
line 15 (C) The agenda shall identify and include an opportunity for all
line 16 persons to attend and address the legislative body directly pursuant
line 17 to Section 54954.3 via a call-in option, via an internet-based service
line 18 option, and at the in-person location of the meeting.
line 19 (D) In the event of a disruption that prevents the legislative body
line 20 from broadcasting the meeting to members of the public using the
line 21 call-in option or internet-based service option, or in the event of
line 22 a disruption within the local agency’s control that prevents
line 23 members of the public from offering public comments using the
line 24 call-in option or internet-based service option, the legislative body
line 25 shall take no further action on items appearing on the meeting
line 26 agenda until public access to the meeting via the call-in option or
line 27 internet-based service option is restored. Actions taken on agenda
line 28 items during a disruption that prevents the legislative body from
line 29 broadcasting the meeting may be challenged pursuant to Section
line 30 54960.1.
line 31 (E) The legislative body shall not require public comments to
line 32 be submitted in advance of the meeting and must provide an
line 33 opportunity for the public to address the legislative body and offer
line 34 comment in real time.
line 35 (F) Notwithstanding Section 54953.3, an individual desiring to
line 36 provide public comment through the use of an internet website, or
line 37 other online platform, not under the control of the local legislative
line 38 body, that requires registration to log in to a teleconference may
line 39 be required to register as required by the third-party internet
line 40 website or online platform to participate.
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line 1 (2) A member of the legislative body shall only participate in
line 2 the meeting remotely pursuant to this subdivision, if all of the
line 3 following requirements are met:
line 4 (A) One of the following circumstances applies:
line 5 (i) The member notifies the legislative body at the earliest
line 6 opportunity possible, including at the start of a regular meeting,
line 7 of their need to participate remotely for just cause, including a
line 8 general description of the circumstances relating to their need to
line 9 appear remotely at the given meeting. The provisions of this clause
line 10 shall not be used by any member of the legislative body for more
line 11 than two meetings per calendar year.
line 12 (ii) The member requests the legislative body to allow them to
line 13 participate in the meeting remotely due to emergency circumstances
line 14 and the legislative body takes action to approve the request. The
line 15 legislative body shall request a general description of the
line 16 circumstances relating to their need to appear remotely at the given
line 17 meeting. A general description of an item generally need not exceed
line 18 20 words and shall not require the member to disclose any medical
line 19 diagnosis or disability, or any personal medical information that
line 20 is already exempt under existing law, such as the Confidentiality
line 21 of Medical Information Act (Chapter 1 (commencing with Section
line 22 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes
line 23 of this clause, the following requirements apply:
line 24 (I) The legislative body may take action on the member’s request
line 25 to participate remotely at the earliest opportunity, including the
line 26 beginning of the meeting at which the member has requested the
line 27 ability to participate remotely.
line 28 (II) The member shall make such a request at each meeting that
line 29 they desire to participate remotely pursuant to this clause.
line 30 (I) A member shall make a request to participate remotely at a
line 31 meeting pursuant to this clause as soon as possible. The member
line 32 shall make a separate request for each meeting in which they seek
line 33 to participate remotely.
line 34 (II) The legislative body may take action on a request to
line 35 participate remotely at the earliest opportunity. If the request does
line 36 not allow sufficient time to place proposed action on such a request
line 37 on the posted agenda for the meeting for which the request is made,
line 38 the legislative body may take action at the beginning of the meeting
line 39 in accordance with paragraph (4) of subdivision (b) of Section
line 40 54954.2.
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line 1 (B) The member shall publicly disclose at the meeting before
line 2 any action is taken, whether any other individuals 18 years of age
line 3 or older are present in the room at the remote location with the
line 4 member, and the general nature of the member’s relationship with
line 5 any such individuals.
line 6 (C) The member shall participate through both audio and visual
line 7 technology.
line 8 (3) The provisions of this subdivision shall not serve as a means
line 9 for any member of a legislative body to participate in meetings of
line 10 the legislative body solely by teleconference from a remote location
line 11 for a period of more than three consecutive months or 20 percent
line 12 of the regular meetings for the local agency within a calendar year,
line 13 or more than two meetings if the legislative body regularly meets
line 14 fewer than 10 times per calendar year.
line 15 (g) The legislative body shall have and implement a procedure
line 16 for receiving and swiftly resolving requests for reasonable
line 17 accommodation for individuals with disabilities, consistent with
line 18 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
line 19 Sec. 12132), and resolving any doubt in favor of accessibility. In
line 20 each instance in which notice of the time of the meeting is
line 21 otherwise given or the agenda for the meeting is otherwise posted,
line 22 the legislative body shall also give notice of the procedure for
line 23 receiving and resolving requests for accommodation.
line 24 (h) The legislative body shall conduct meetings subject to this
line 25 chapter consistent with applicable state and federal civil rights,
line 26 language access, civil rights and other nondiscrimination laws.
line 27 (i) (1) Nothing in this section shall prohibit a legislative body
line 28 from providing the public with additional teleconference locations.
line 29 (2) Nothing in this section shall prohibit a legislative body from
line 30 providing members of the public with additional physical locations
line 31 in which the public may observe and address the legislative body
line 32 by electronic means.
line 33 (j) For the purposes of this section, the following definitions
line 34 shall apply:
line 35 (1) “Emergency circumstances” means a physical or family
line 36 medical emergency that prevents a member from attending in
line 37 person.
line 38 (2) “Just cause” means any of the following:
line 39 (A) A childcare or caregiving need of a child, parent,
line 40 grandparent, grandchild, sibling, spouse, or domestic partner that
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line 1 requires them to participate remotely. “Child,” “parent,”
line 2 “grandparent,” “grandchild,” and “sibling” have the same meaning
line 3 as those terms do in Section 12945.2.
line 4 (B) A contagious illness that prevents a member from attending
line 5 in person.
line 6 (C) A need related to a physical or mental disability as defined
line 7 in Sections 12926 and 12926.1 not otherwise accommodated by
line 8 subdivision (g).
line 9 (D) Travel while on official business of the legislative body or
line 10 another state or local agency.
line 11 (3) “Remote location” means a location from which a member
line 12 of a legislative body participates in a meeting pursuant to
line 13 subdivision (f), other than any physical meeting location designated
line 14 in the notice of the meeting. Remote locations need not be
line 15 accessible to the public.
line 16 (4) “Remote participation” means participation in a meeting by
line 17 teleconference at a location other than any physical meeting
line 18 location designated in the notice of the meeting. Watching or
line 19 listening to a meeting via webcasting or another similar electronic
line 20 medium that does not permit members to interactively hear,
line 21 discuss, or deliberate on matters, does not constitute remote
line 22 participation.
line 23 (5) “State of emergency” means a state of emergency proclaimed
line 24 pursuant to Section 8625 of the California Emergency Services
line 25 Act (Article 1 (commencing with Section 8550) of Chapter 7 of
line 26 Division 1 of Title 2).
line 27 (6) “Teleconference” means a meeting of a legislative body,
line 28 the members of which are in different locations, connected by
line 29 electronic means, through either audio or video, or both.
line 30 (7) “Two-way audiovisual platform” means an online platform
line 31 that provides participants with the ability to participate in a meeting
line 32 via both an interactive video conference and a two-way telephonic
line 33 function.
line 34 (8) “Two-way telephonic service” means a telephone service
line 35 that does not require internet access, is not provided as part of a
line 36 two-way audiovisual platform, and allows participants to dial a
line 37 telephone number to listen and verbally participate.
line 38 (9) “Webcasting” means a streaming video broadcast online or
line 39 on television, using streaming media technology to distribute a
line 40 single content source to many simultaneous listeners and viewers.
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line 1 (k) This section shall remain in effect only until January 1, 2024,
line 2 and as of that date is repealed.
line 3 SEC. 2. Section 54953 of the Government Code, as added by
line 4 Section 4 of Chapter 165 of the Statutes of 2021, is amended to
line 5 read:
line 6 54953. (a) All meetings of the legislative body of a local
line 7 agency shall be open and public, and all persons shall be permitted
line 8 to attend any meeting of the legislative body of a local agency,
line 9 except as otherwise provided in this chapter.
line 10 (b) (1) Notwithstanding any other provision of law, the
line 11 legislative body of a local agency may use teleconferencing for
line 12 the benefit of the public and the legislative body of a local agency
line 13 in connection with any meeting or proceeding authorized by law.
line 14 The teleconferenced meeting or proceeding shall comply with all
line 15 otherwise applicable requirements of this chapter and all otherwise
line 16 applicable provisions of law relating to a specific type of meeting
line 17 or proceeding.
line 18 (2) Teleconferencing, as authorized by this section, may be used
line 19 for all purposes in connection with any meeting within the subject
line 20 matter jurisdiction of the legislative body. If the legislative body
line 21 of a local agency elects to use teleconferencing, the legislative
line 22 body of a local agency shall comply with all of the following:
line 23 (A) All votes taken during a teleconferenced meeting shall be
line 24 by rollcall.
line 25 (B) The teleconferenced meetings shall be conducted in a
line 26 manner that protects the statutory and constitutional rights of the
line 27 parties or the public appearing before the legislative body of a
line 28 local agency.
line 29 (C) The legislative body shall give notice of the meeting and
line 30 post agendas as otherwise required by this chapter.
line 31 (D) The legislative body shall allow members of the public to
line 32 access the meeting and the agenda shall provide an opportunity
line 33 for members of the public to address the legislative body directly
line 34 pursuant to Section 54954.3.
line 35 (3) If the legislative body of a local agency elects to use
line 36 teleconferencing, it shall post agendas at all teleconference
line 37 locations. Each teleconference location shall be identified in the
line 38 notice and agenda of the meeting or proceeding, and each
line 39 teleconference location shall be accessible to the public. During
line 40 the teleconference, at least a quorum of the members of the
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line 1 legislative body shall participate from locations within the
line 2 boundaries of the territory over which the local agency exercises
line 3 jurisdiction, except as provided in subdivision (d).
line 4 (c) (1) No legislative body shall take action by secret ballot,
line 5 whether preliminary or final.
line 6 (2) The legislative body of a local agency shall publicly report
line 7 any action taken and the vote or abstention on that action of each
line 8 member present for the action.
line 9 (3) Prior to taking final action, the legislative body shall orally
line 10 report a summary of a recommendation for a final action on the
line 11 salaries, salary schedules, or compensation paid in the form of
line 12 fringe benefits of a local agency executive, as defined in
line 13 subdivision (d) of Section 3511.1, during the open meeting in
line 14 which the final action is to be taken. This paragraph shall not affect
line 15 the public’s right under the California Public Records Act (Division
line 16 10 (commencing with Section 7920.000) of Title 1) to inspect or
line 17 copy records created or received in the process of developing the
line 18 recommendation.
line 19 (d) (1) Notwithstanding the provisions relating to a quorum in
line 20 paragraph (3) of subdivision (b), if a health authority conducts a
line 21 teleconference meeting, members who are outside the jurisdiction
line 22 of the authority may be counted toward the establishment of a
line 23 quorum when participating in the teleconference if at least 50
line 24 percent of the number of members that would establish a quorum
line 25 are present within the boundaries of the territory over which the
line 26 authority exercises jurisdiction, and the health authority provides
line 27 a teleconference number, and associated access codes, if any, that
line 28 allows any person to call in to participate in the meeting and the
line 29 number and access codes are identified in the notice and agenda
line 30 of the meeting.
line 31 (2) Nothing in this subdivision shall be construed as
line 32 discouraging health authority members from regularly meeting at
line 33 a common physical site within the jurisdiction of the authority or
line 34 from using teleconference locations within or near the jurisdiction
line 35 of the authority. A teleconference meeting for which a quorum is
line 36 established pursuant to this subdivision shall be subject to all other
line 37 requirements of this section.
line 38 (3) For purposes of this subdivision, a health authority means
line 39 any entity created pursuant to Sections 14018.7, 14087.31,
line 40 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
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line 1 and Institutions Code, any joint powers authority created pursuant
line 2 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 3 Division 7 for the purpose of contracting pursuant to Section
line 4 14087.3 of the Welfare and Institutions Code, and any advisory
line 5 committee to a county-sponsored health plan licensed pursuant to
line 6 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 7 Health and Safety Code if the advisory committee has 12 or more
line 8 members.
line 9 (e) (1) The legislative body of a local agency may use
line 10 teleconferencing without complying with paragraph (3) of
line 11 subdivision (b) if, during the teleconference meeting, at least a
line 12 quorum of the members of the legislative body participates in
line 13 person from a singular physical location clearly identified on the
line 14 agenda, which location shall be open to the public and situated
line 15 within the boundaries of the territory over which the local agency
line 16 exercises jurisdiction and the legislative body complies with all
line 17 of the following:
line 18 (A) The legislative body shall provide at least one of the
line 19 following as a means by which the public may remotely hear and
line 20 visually observe the meeting, and remotely address the legislative
line 21 body:
line 22 (i) A two-way audiovisual platform.
line 23 (ii) A two-way telephonic service and a live webcasting of the
line 24 meeting.
line 25 (B) In each instance in which notice of the time of the
line 26 teleconferenced meeting is otherwise given or the agenda for the
line 27 meeting is otherwise posted, the legislative body shall also give
line 28 notice of the means by which members of the public may access
line 29 the meeting and offer public comment.
line 30 (C) The agenda shall identify and include an opportunity for all
line 31 persons to attend and address the legislative body directly pursuant
line 32 to Section 54954.3 via a call-in option, via an internet-based service
line 33 option, and at the in-person location of the meeting.
line 34 (D) In the event of a disruption that prevents the legislative body
line 35 from broadcasting the meeting to members of the public using the
line 36 call-in option or internet-based service option, or in the event of
line 37 a disruption within the local agency’s control that prevents
line 38 members of the public from offering public comments using the
line 39 call-in option or internet-based service option, the legislative body
line 40 shall take no further action on items appearing on the meeting
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line 1 agenda until public access to the meeting via the call-in option or
line 2 internet-based service option is restored. Actions taken on agenda
line 3 items during a disruption that prevents the legislative body from
line 4 broadcasting the meeting may be challenged pursuant to Section
line 5 54960.1.
line 6 (E) The legislative body shall not require public comments to
line 7 be submitted in advance of the meeting and must provide an
line 8 opportunity for the public to address the legislative body and offer
line 9 comment in real time.
line 10 (F) Notwithstanding Section 54953.3, an individual desiring to
line 11 provide public comment through the use of an internet website, or
line 12 other online platform, not under the control of the local legislative
line 13 body, that requires registration to log in to a teleconference may
line 14 be required to register as required by the third-party internet
line 15 website or online platform to participate.
line 16 (2) A member of the legislative body shall only participate in
line 17 the meeting remotely pursuant to this subdivision, if all of the
line 18 following requirements are met:
line 19 (A) One of the following circumstances applies:
line 20 (i) The member notifies the legislative body at the earliest
line 21 opportunity possible, including at the start of a regular meeting,
line 22 of their need to participate remotely for just cause, including a
line 23 general description of the circumstances relating to their need to
line 24 appear remotely at the given meeting. The provisions of this clause
line 25 shall not be used by any member of the legislative body for more
line 26 than two meetings per calendar year.
line 27 (ii) The member requests the legislative body to allow them to
line 28 participate in the meeting remotely due to emergency circumstances
line 29 and the legislative body takes action to approve the request. The
line 30 legislative body shall request a general description of the
line 31 circumstances relating to their need to appear remotely at the given
line 32 meeting. A general description of an item generally need not exceed
line 33 20 words and shall not require the member to disclose any medical
line 34 diagnosis or disability, or any personal medical information that
line 35 is already exempt under existing law, such as the Confidentiality
line 36 of Medical Information Act (Chapter 1 (commencing with Section
line 37 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes
line 38 of this clause, the following requirements apply:
line 39 (I) The legislative body may take action on the member’s request
line 40 to participate remotely at the earliest opportunity, including the
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line 1 beginning of the meeting at which the member has requested the
line 2 ability to participate remotely.
line 3 (II) The member shall make such a request at each meeting that
line 4 they desire to participate remotely pursuant to this clause.
line 5 (I) A member shall make a request to participate remotely at a
line 6 meeting pursuant to this clause as soon as possible. The member
line 7 shall make a separate request for each meeting in which they seek
line 8 to participate remotely.
line 9 (II) The legislative body may take action on a request to
line 10 participate remotely at the earliest opportunity. If the request does
line 11 not allow sufficient time to place proposed action on such a request
line 12 on the posted agenda for the meeting for which the request is made,
line 13 the legislative body may take action at the beginning of the meeting
line 14 in accordance with paragraph (4) of subdivision (b) of Section
line 15 54954.2.
line 16 (B) The member shall publicly disclose at the meeting before
line 17 any action is taken whether any other individuals 18 years of age
line 18 or older are present in the room at the remote location with the
line 19 member, and the general nature of the member’s relationship with
line 20 any such individuals.
line 21 (C) The member shall participate through both audio and visual
line 22 technology.
line 23 (3) The provisions of this subdivision shall not serve as a means
line 24 for any member of a legislative body to participate in meetings of
line 25 the legislative body solely by teleconference from a remote location
line 26 for a period of more than three consecutive months or 20 percent
line 27 of the regular meetings for the local agency within a calendar year,
line 28 or more than two meetings if the legislative body regularly meets
line 29 fewer than 10 times per calendar year.
line 30 (f) The legislative body shall have and implement a procedure
line 31 for receiving and swiftly resolving requests for reasonable
line 32 accommodation for individuals with disabilities, consistent with
line 33 the federal Americans with Disabilities Act of 1990 (42 U.S.C.
line 34 Sec. 12132), and resolving any doubt in favor of accessibility. In
line 35 each instance in which notice of the time of the meeting is
line 36 otherwise given or the agenda for the meeting is otherwise posted,
line 37 the legislative body shall also give notice of the procedure for
line 38 receiving and resolving requests for accommodation.
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line 1 (g) The legislative body shall conduct meetings subject to this
line 2 chapter consistent with applicable state and federal civil rights,
line 3 language access, civil rights and other nondiscrimination laws.
line 4 (h) (1) Nothing in this section shall prohibit a legislative body
line 5 from providing the public with additional teleconference locations.
line 6 (2) Nothing in this section shall prohibit a legislative body from
line 7 providing members of the public with additional physical locations
line 8 in which the public may observe and address the legislative body
line 9 by electronic means.
line 10 (i) For the purposes of this section, the following definitions
line 11 shall apply:
line 12 (1) “Emergency circumstances” means a physical or family
line 13 medical emergency that prevents a member from attending in
line 14 person.
line 15 (2) “Just cause” means any of the following:
line 16 (A) A childcare or caregiving need of a child, parent,
line 17 grandparent, grandchild, sibling, spouse, or domestic partner that
line 18 requires them to participate remotely. “Child,” “parent,”
line 19 “grandparent,” “grandchild,” and “sibling” have the same meaning
line 20 as those terms do in Section 12945.2.
line 21 (B) A contagious illness that prevents a member from attending
line 22 in person.
line 23 (C) A need related to a physical or mental disability as defined
line 24 in Sections 12926 and 12926.1 not otherwise accommodated by
line 25 subdivision (f).
line 26 (D) Travel while on official business of the legislative body or
line 27 another state or local agency.
line 28 (3) “Remote location” means a location from which a member
line 29 of a legislative body participates in a meeting pursuant to
line 30 subdivision (e), other than any physical meeting location designated
line 31 in the notice of the meeting. Remote locations need not be
line 32 accessible to the public.
line 33 (4) “Remote participation” means participation in a meeting by
line 34 teleconference at a location other than any physical meeting
line 35 location designated in the notice of the meeting. Watching or
line 36 listening to a meeting via webcasting or another similar electronic
line 37 medium that does not permit members to interactively hear,
line 38 discuss, or deliberate on matters, does not constitute remote
line 39 participation.
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line 1 (5) “Teleconference” means a meeting of a legislative body,
line 2 the members of which are in different locations, connected by
line 3 electronic means, through either audio or video, or both.
line 4 (6) “Two-way audiovisual platform” means an online platform
line 5 that provides participants with the ability to participate in a meeting
line 6 via both an interactive video conference and a two-way telephonic
line 7 function.
line 8 (7) “Two-way telephonic service” means a telephone service
line 9 that does not require internet access, is not provided as part of a
line 10 two-way audiovisual platform, and allows participants to dial a
line 11 telephone number to listen and verbally participate.
line 12 (8) “Webcasting” means a streaming video broadcast online or
line 13 on television, using streaming media technology to distribute a
line 14 single content source to many simultaneous listeners and viewers.
line 15 (j) This section shall become operative January 1, 2024, shall
line 16 remain in effect only until January 1, 2026, and as of that date is
line 17 repealed.
line 18 SEC. 3. Section 54953 is added to the Government Code, to
line 19 read:
line 20 54953. (a) All meetings of the legislative body of a local
line 21 agency shall be open and public, and all persons shall be permitted
line 22 to attend any meeting of the legislative body of a local agency,
line 23 except as otherwise provided in this chapter.
line 24 (b) (1) Notwithstanding any other provision of law, the
line 25 legislative body of a local agency may use teleconferencing for
line 26 the benefit of the public and the legislative body of a local agency
line 27 in connection with any meeting or proceeding authorized by law.
line 28 The teleconferenced meeting or proceeding shall comply with all
line 29 requirements of this chapter and all otherwise applicable provisions
line 30 of law relating to a specific type of meeting or proceeding.
line 31 (2) Teleconferencing, as authorized by this section, may be used
line 32 for all purposes in connection with any meeting within the subject
line 33 matter jurisdiction of the legislative body. All votes taken during
line 34 a teleconferenced meeting shall be by rollcall.
line 35 (3) If the legislative body of a local agency elects to use
line 36 teleconferencing, it shall post agendas at all teleconference
line 37 locations and conduct teleconference meetings in a manner that
line 38 protects the statutory and constitutional rights of the parties or the
line 39 public appearing before the legislative body of a local agency.
line 40 Each teleconference location shall be identified in the notice and
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line 1 agenda of the meeting or proceeding, and each teleconference
line 2 location shall be accessible to the public. During the teleconference,
line 3 at least a quorum of the members of the legislative body shall
line 4 participate from locations within the boundaries of the territory
line 5 over which the local agency exercises jurisdiction, except as
line 6 provided in subdivision (d). The agenda shall provide an
line 7 opportunity for members of the public to address the legislative
line 8 body directly pursuant to Section 54954.3 at each teleconference
line 9 location.
line 10 (4) For the purposes of this section, “teleconference” means a
line 11 meeting of a legislative body, the members of which are in different
line 12 locations, connected by electronic means, through either audio or
line 13 video, or both. Nothing in this section shall prohibit a local agency
line 14 from providing the public with additional teleconference locations
line 15 locations.
line 16 (c) (1) No legislative body shall take action by secret ballot,
line 17 whether preliminary or final.
line 18 (2) The legislative body of a local agency shall publicly report
line 19 any action taken and the vote or abstention on that action of each
line 20 member present for the action.
line 21 (3) Prior to taking final action, the legislative body shall orally
line 22 report a summary of a recommendation for a final action on the
line 23 salaries, salary schedules, or compensation paid in the form of
line 24 fringe benefits of a local agency executive, as defined in
line 25 subdivision (d) of Section 3511.1, during the open meeting in
line 26 which the final action is to be taken. This paragraph shall not affect
line 27 the public’s right under the California Public Records Act (Chapter
line 28 3.5 (commencing with Section 6250) of Division 7 of Title 1) to
line 29 inspect or copy records created or received in the process of
line 30 developing the recommendation.
line 31 (d) (1) Notwithstanding the provisions relating to a quorum in
line 32 paragraph (3) of subdivision (b), if a health authority conducts a
line 33 teleconference meeting, members who are outside the jurisdiction
line 34 of the authority may be counted toward the establishment of a
line 35 quorum when participating in the teleconference if at least 50
line 36 percent of the number of members that would establish a quorum
line 37 are present within the boundaries of the territory over which the
line 38 authority exercises jurisdiction, and the health authority provides
line 39 a teleconference number, and associated access codes, if any, that
line 40 allows any person to call in to participate in the meeting and the
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line 1 number and access codes are identified in the notice and agenda
line 2 of the meeting.
line 3 (2) Nothing in this subdivision shall be construed as
line 4 discouraging health authority members from regularly meeting at
line 5 a common physical site within the jurisdiction of the authority or
line 6 from using teleconference locations within or near the jurisdiction
line 7 of the authority. A teleconference meeting for which a quorum is
line 8 established pursuant to this subdivision shall be subject to all other
line 9 requirements of this section.
line 10 (3) For purposes of this subdivision, a health authority means
line 11 any entity created pursuant to Sections 14018.7, 14087.31,
line 12 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare
line 13 and Institutions Code, any joint powers authority created pursuant
line 14 to Article 1 (commencing with Section 6500) of Chapter 5 of
line 15 Division 7 for the purpose of contracting pursuant to Section
line 16 14087.3 of the Welfare and Institutions Code, and any advisory
line 17 committee to a county-sponsored health plan licensed pursuant to
line 18 Chapter 2.2 (commencing with Section 1340) of Division 2 of the
line 19 Health and Safety Code if the advisory committee has 12 or more
line 20 members.
line 21 (e) This section shall become operative January 1, 2026.
line 22 SEC. 4. Section 54954.2 of the Government Code is amended
line 23 to read:
line 24 54954.2. (a) (1) At least 72 hours before a regular meeting,
line 25 the legislative body of the local agency, or its designee, shall post
line 26 an agenda containing a brief general description of each item of
line 27 business to be transacted or discussed at the meeting, including
line 28 items to be discussed in closed session. A brief general description
line 29 of an item generally need not exceed 20 words. The agenda shall
line 30 specify the time and location of the regular meeting and shall be
line 31 posted in a location that is freely accessible to members of the
line 32 public and on the local agency’s Internet Web site, if the local
line 33 agency has one. If requested, the agenda shall be made available
line 34 in appropriate alternative formats to persons with a disability, as
line 35 required by Section 202 of the Americans with Disabilities Act of
line 36 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
line 37 adopted in implementation thereof. The agenda shall include
line 38 information regarding how, to whom, and when a request for
line 39 disability-related modification or accommodation, including
line 40 auxiliary aids or services, may be made by a person with a
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line 1 disability who requires a modification or accommodation in order
line 2 to participate in the public meeting.
line 3 (2) For a meeting occurring on and after January 1, 2019, of a
line 4 legislative body of a city, county, city and county, special district,
line 5 school district, or political subdivision established by the state that
line 6 has an Internet Web site, the following provisions shall apply:
line 7 (A) An online posting of an agenda shall be posted on the
line 8 primary Internet Web site homepage of a city, county, city and
line 9 county, special district, school district, or political subdivision
line 10 established by the state that is accessible through a prominent,
line 11 direct link to the current agenda. The direct link to the agenda shall
line 12 not be in a contextual menu; however, a link in addition to the
line 13 direct link to the agenda may be accessible through a contextual
line 14 menu.
line 15 (B) An online posting of an agenda including, but not limited
line 16 to, an agenda posted in an integrated agenda management platform,
line 17 shall be posted in an open format that meets all of the following
line 18 requirements:
line 19 (i) Retrievable, downloadable, indexable, and electronically
line 20 searchable by commonly used Internet search applications.
line 21 (ii) Platform independent and machine readable.
line 22 (iii) Available to the public free of charge and without any
line 23 restriction that would impede the reuse or redistribution of the
line 24 agenda.
line 25 (C) A legislative body of a city, county, city and county, special
line 26 district, school district, or political subdivision established by the
line 27 state that has an Internet Web site and an integrated agenda
line 28 management platform shall not be required to comply with
line 29 subparagraph (A) if all of the following are met:
line 30 (i) A direct link to the integrated agenda management platform
line 31 shall be posted on the primary Internet Web site homepage of a
line 32 city, county, city and county, special district, school district, or
line 33 political subdivision established by the state. The direct link to the
line 34 integrated agenda management platform shall not be in a contextual
line 35 menu. When a person clicks on the direct link to the integrated
line 36 agenda management platform, the direct link shall take the person
line 37 directly to an Internet Web site with the agendas of the legislative
line 38 body of a city, county, city and county, special district, school
line 39 district, or political subdivision established by the state.
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line 1 (ii) The integrated agenda management platform may contain
line 2 the prior agendas of a legislative body of a city, county, city and
line 3 county, special district, school district, or political subdivision
line 4 established by the state for all meetings occurring on or after
line 5 January 1, 2019.
line 6 (iii) The current agenda of the legislative body of a city, county,
line 7 city and county, special district, school district, or political
line 8 subdivision established by the state shall be the first agenda
line 9 available at the top of the integrated agenda management platform.
line 10 (iv) All agendas posted in the integrated agenda management
line 11 platform shall comply with the requirements in clauses (i), (ii),
line 12 and (iii) of subparagraph (B).
line 13 (D) For the purposes of this paragraph, both of the following
line 14 definitions shall apply:
line 15 (i) “Integrated agenda management platform” means an Internet
line 16 Web site of a city, county, city and county, special district, school
line 17 district, or political subdivision established by the state dedicated
line 18 to providing the entirety of the agenda information for the
line 19 legislative body of the city, county, city and county, special district,
line 20 school district, or political subdivision established by the state to
line 21 the public.
line 22 (ii) “Legislative body” has the same meaning as that term is
line 23 used in subdivision (a) of Section 54952.
line 24 (E) The provisions of this paragraph shall not apply to a political
line 25 subdivision of a local agency that was established by the legislative
line 26 body of the city, county, city and county, special district, school
line 27 district, or political subdivision established by the state.
line 28 (3) No action or discussion shall be undertaken on any item not
line 29 appearing on the posted agenda, except that members of a
line 30 legislative body or its staff may briefly respond to statements made
line 31 or questions posed by persons exercising their public testimony
line 32 rights under Section 54954.3. In addition, on their own initiative
line 33 or in response to questions posed by the public, a member of a
line 34 legislative body or its staff may ask a question for clarification,
line 35 make a brief announcement, or make a brief report on his or her
line 36 own activities. Furthermore, a member of a legislative body, or
line 37 the body itself, subject to rules or procedures of the legislative
line 38 body, may provide a reference to staff or other resources for factual
line 39 information, request staff to report back to the body at a subsequent
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line 1 meeting concerning any matter, or take action to direct staff to
line 2 place a matter of business on a future agenda.
line 3 (b) Notwithstanding subdivision (a), the legislative body may
line 4 take action on items of business not appearing on the posted agenda
line 5 under any of the conditions stated below. Prior to discussing any
line 6 item pursuant to this subdivision, the legislative body shall publicly
line 7 identify the item.
line 8 (1) Upon a determination by a majority vote of the legislative
line 9 body that an emergency situation exists, as defined in Section
line 10 54956.5.
line 11 (2) Upon a determination by a two-thirds vote of the members
line 12 of the legislative body present at the meeting, or, if less than
line 13 two-thirds of the members are present, a unanimous vote of those
line 14 members present, that there is a need to take immediate action and
line 15 that the need for action came to the attention of the local agency
line 16 subsequent to the agenda being posted as specified in subdivision
line 17 (a).
line 18 (3) The item was posted pursuant to subdivision (a) for a prior
line 19 meeting of the legislative body occurring not more than five
line 20 calendar days prior to the date action is taken on the item, and at
line 21 the prior meeting the item was continued to the meeting at which
line 22 action is being taken.
line 23 (4) To consider action on a request from a member to participate
line 24 in a meeting remotely due to emergency circumstances, pursuant
line 25 to Section 54953, if the request does not allow sufficient time to
line 26 place the proposed action on the posted agenda for the meeting
line 27 for which the request is made. The legislative body may approve
line 28 such a request by a majority vote of the legislative body.
line 29 (c) This section is necessary to implement and reasonably within
line 30 the scope of paragraph (1) of subdivision (b) of Section 3 of Article
line 31 I of the California Constitution.
line 32 (d) For purposes of subdivision (a), the requirement that the
line 33 agenda be posted on the local agency’s Internet Web site, if the
line 34 local agency has one, shall only apply to a legislative body that
line 35 meets either of the following standards:
line 36 (1) A legislative body as that term is defined by subdivision (a)
line 37 of Section 54952.
line 38 (2) A legislative body as that term is defined by subdivision (b)
line 39 of Section 54952, if the members of the legislative body are
line 40 compensated for their appearance, and if one or more of the
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line 1 members of the legislative body are also members of a legislative
line 2 body as that term is defined by subdivision (a) of Section 54952.
line 3 (e) This section shall remain in effect only until January 1, 2026,
line 4 and as of that date is repealed.
line 5 SEC. 5. Section 54954.2 is added to the Government Code, to
line 6 read:
line 7 54954.2. (a) (1) At least 72 hours before a regular meeting,
line 8 the legislative body of the local agency, or its designee, shall post
line 9 an agenda containing a brief general description of each item of
line 10 business to be transacted or discussed at the meeting, including
line 11 items to be discussed in closed session. A brief general description
line 12 of an item generally need not exceed 20 words. The agenda shall
line 13 specify the time and location of the regular meeting and shall be
line 14 posted in a location that is freely accessible to members of the
line 15 public and on the local agency’s Internet Web site, if the local
line 16 agency has one. If requested, the agenda shall be made available
line 17 in appropriate alternative formats to persons with a disability, as
line 18 required by Section 202 of the Americans with Disabilities Act of
line 19 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
line 20 adopted in implementation thereof. The agenda shall include
line 21 information regarding how, to whom, and when a request for
line 22 disability-related modification or accommodation, including
line 23 auxiliary aids or services, may be made by a person with a
line 24 disability who requires a modification or accommodation in order
line 25 to participate in the public meeting.
line 26 (2) For a meeting occurring on and after January 1, 2019, of
line 27 a legislative body of a city, county, city and county, special district,
line 28 school district, or political subdivision established by the state
line 29 that has an Internet Web site, the following provisions shall apply:
line 30 (A) An online posting of an agenda shall be posted on the
line 31 primary Internet Web site homepage of a city, county, city and
line 32 county, special district, school district, or political subdivision
line 33 established by the state that is accessible through a prominent,
line 34 direct link to the current agenda. The direct link to the agenda
line 35 shall not be in a contextual menu; however, a link in addition to
line 36 the direct link to the agenda may be accessible through a
line 37 contextual menu.
line 38 (B) An online posting of an agenda including, but not limited
line 39 to, an agenda posted in an integrated agenda management
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line 1 platform, shall be posted in an open format that meets all of the
line 2 following requirements:
line 3 (i) Retrievable, downloadable, indexable, and electronically
line 4 searchable by commonly used Internet search applications.
line 5 (ii) Platform independent and machine readable.
line 6 (iii) Available to the public free of charge and without any
line 7 restriction that would impede the reuse or redistribution of the
line 8 agenda.
line 9 (C) A legislative body of a city, county, city and county, special
line 10 district, school district, or political subdivision established by the
line 11 state that has an Internet Web site and an integrated agenda
line 12 management platform shall not be required to comply with
line 13 subparagraph (A) if all of the following are met:
line 14 (i) A direct link to the integrated agenda management platform
line 15 shall be posted on the primary Internet Web site homepage of a
line 16 city, county, city and county, special district, school district, or
line 17 political subdivision established by the state. The direct link to the
line 18 integrated agenda management platform shall not be in a
line 19 contextual menu. When a person clicks on the direct link to the
line 20 integrated agenda management platform, the direct link shall take
line 21 the person directly to an Internet Web site with the agendas of the
line 22 legislative body of a city, county, city and county, special district,
line 23 school district, or political subdivision established by the state.
line 24 (ii) The integrated agenda management platform may contain
line 25 the prior agendas of a legislative body of a city, county, city and
line 26 county, special district, school district, or political subdivision
line 27 established by the state for all meetings occurring on or after
line 28 January 1, 2019.
line 29 (iii) The current agenda of the legislative body of a city, county,
line 30 city and county, special district, school district, or political
line 31 subdivision established by the state shall be the first agenda
line 32 available at the top of the integrated agenda management platform.
line 33 (iv) All agendas posted in the integrated agenda management
line 34 platform shall comply with the requirements in clauses (i), (ii),
line 35 and (iii) of subparagraph (B).
line 36 (D) For the purposes of this paragraph, both of the following
line 37 definitions shall apply:
line 38 (i) “Integrated agenda management platform” means an
line 39 Internet Web site of a city, county, city and county, special district,
line 40 school district, or political subdivision established by the state
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line 1 dedicated to providing the entirety of the agenda information for
line 2 the legislative body of the city, county, city and county, special
line 3 district, school district, or political subdivision established by the
line 4 state to the public.
line 5 (ii) “Legislative body” has the same meaning as that term is
line 6 used in subdivision (a) of Section 54952.
line 7 (E) The provisions of this paragraph shall not apply to a
line 8 political subdivision of a local agency that was established by the
line 9 legislative body of the city, county, city and county, special district,
line 10 school district, or political subdivision established by the state.
line 11 (3) No action or discussion shall be undertaken on any item not
line 12 appearing on the posted agenda, except that members of a
line 13 legislative body or its staff may briefly respond to statements made
line 14 or questions posed by persons exercising their public testimony
line 15 rights under Section 54954.3. In addition, on their own initiative
line 16 or in response to questions posed by the public, a member of a
line 17 legislative body or its staff may ask a question for clarification,
line 18 make a brief announcement, or make a brief report on his or her
line 19 own activities. Furthermore, a member of a legislative body, or
line 20 the body itself, subject to rules or procedures of the legislative
line 21 body, may provide a reference to staff or other resources for factual
line 22 information, request staff to report back to the body at a subsequent
line 23 meeting concerning any matter, or take action to direct staff to
line 24 place a matter of business on a future agenda.
line 25 (b) Notwithstanding subdivision (a), the legislative body may
line 26 take action on items of business not appearing on the posted
line 27 agenda under any of the conditions stated below. Prior to
line 28 discussing any item pursuant to this subdivision, the legislative
line 29 body shall publicly identify the item.
line 30 (1) Upon a determination by a majority vote of the legislative
line 31 body that an emergency situation exists, as defined in Section
line 32 54956.5.
line 33 (2) Upon a determination by a two-thirds vote of the members
line 34 of the legislative body present at the meeting, or, if less than
line 35 two-thirds of the members are present, a unanimous vote of those
line 36 members present, that there is a need to take immediate action
line 37 and that the need for action came to the attention of the local
line 38 agency subsequent to the agenda being posted as specified in
line 39 subdivision (a).
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line 1 (3) The item was posted pursuant to subdivision (a) for a prior
line 2 meeting of the legislative body occurring not more than five
line 3 calendar days prior to the date action is taken on the item, and at
line 4 the prior meeting the item was continued to the meeting at which
line 5 action is being taken.
line 6 (c) This section is necessary to implement and reasonably within
line 7 the scope of paragraph (1) of subdivision (b) of Section 3 of Article
line 8 I of the California Constitution.
line 9 (d) For purposes of subdivision (a), the requirement that the
line 10 agenda be posted on the local agency’s Internet Web site, if the
line 11 local agency has one, shall only apply to a legislative body that
line 12 meets either of the following standards:
line 13 (1) A legislative body as that term is defined by subdivision (a)
line 14 of Section 54952.
line 15 (2) A legislative body as that term is defined by subdivision (b)
line 16 of Section 54952, if the members of the legislative body are
line 17 compensated for their appearance, and if one or more of the
line 18 members of the legislative body are also members of a legislative
line 19 body as that term is defined by subdivision (a) of Section 54952.
line 20 (e) This section shall become operative January 1, 2026.
line 21 SEC. 4.
line 22 SEC. 6. The Legislature finds and declares that Sections 1 and
line 23 2 of this act, which amend Section 54953 of the Government Code,
line 24 impose a limitation on the public’s right of access to the meetings
line 25 of public bodies or the writings of public officials and agencies
line 26 within the meaning of Section 3 of Article I of the California
line 27 Constitution. Pursuant to that constitutional provision, the
line 28 Legislature makes the following findings to demonstrate the interest
line 29 protected by this limitation and the need for protecting that interest:
line 30 By removing the requirement for agendas to be placed at the
line 31 location of each public official participating in a public meeting
line 32 remotely, including from the member’s private home or hospital
line 33 room, this act protects the personal, private information of public
line 34 officials and their families while preserving the public’s right to
line 35 access information concerning the conduct of the people’s business.
line 36 SEC. 5.
line 37 SEC. 7. The Legislature finds and declares that Sections 1 and
line 38 2 of this act, which amend Section 54953 of the Government Code,
line 39 further, within the meaning of paragraph (7) of subdivision (b) of
line 40 Section 3 of Article I of the California Constitution, the purposes
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line 1 of that constitutional section as it relates to the right of public
line 2 access to the meetings of local public bodies or the writings of
line 3 local public officials and local agencies. Pursuant to paragraph (7)
line 4 of subdivision (b) of Section 3 of Article I of the California
line 5 Constitution, the Legislature makes the following findings:
line 6 This act is necessary to ensure minimum standards for public
line 7 participation and notice requirements allowing for greater public
line 8 participation in teleconference meetings.
O
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