Amended
IN
Senate
September 13, 2023 |
Amended
IN
Senate
June 26, 2023 |
Amended
IN
Assembly
April 25, 2023 |
Introduced by Assembly Member |
February 16, 2023 |
The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate. The act authorizes the legislative body of a local agency to use teleconferencing for its meetings subject to certain requirements, including, among others, public notice of, and access to, each teleconference location, posting of a meeting agenda at each of the teleconference locations, and the participation of
least a quorum of the members of the legislative body from locations within the boundaries of the territory over which the local agency exercises jurisdiction, as provided. Existing law, until January 1, 2026, exempts a local agency from these requirements if, among other things, at least a quorum of its members participate from a singular physical location that is clearly identifiable on the agenda, open to the public, and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and an agenda is posted at the identified location, as provided.
Under this exemption, existing law authorizes a member of a legislative body to participate remotely under specified circumstances, including participating remotely for just cause or due to emergency circumstances. Existing law specifies that these provisions do 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 a period of more than 3 consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year.
Existing law requires the meetings of the statewide community college student organization that has been recognized by the Board of Governors of the California Community Colleges to be open to the public and to
comply with the Ralph M. Brown Act.
This bill would, until January 1, 2026, additionally
authorize
a member of the recognized statewide community college student organization and other student-run community college organizations required to comply with the Ralph M. Brown Act to participate remotely in those above-described teleconference meetings that are exempt from the requirements to (1) post agendas at all teleconferencing locations, (2) identify
each teleconference location in the notice and agenda, (3) make each teleconference location accessible to the public, and (4) have 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, as provided. The bill would authorize a member of a legislative body of those student organizations to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than 3 consecutive months or 20% of the regular meetings for the student organization within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year.
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.
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.