The URL can be used to link to this page

Home My WebLink About1AA Staff CorrespondenceCITY COUNCIL STAFF REPORT DATE: MAY 27, 2021 CONSENT CALENDAR SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL 339, LOCAL GOVERNMENT: OPEN AND PUBLIC MEETINGS FROM: Justin Clifton, City Manager BY: Anthony J. Mejia, MMC, City Clerk RECOMMENDATION: Authorize the issuance of a letter of support to the author(s) of Assembly Bill 339, Local Government: Open and Public Meetings. BACKGROUND: At the request of Mayor Holstege, the City Council is requested to consider whether to issue a letter of support for Assembly Bill 339, Local Government: Open and Public Meetings. AB 339, introduced by Assembly Member Alex Lee would enact the following changes to existing law: •Requires, until December 31, 2023, all open and public meetings of a city council or a county board of supervisors that governs a jurisdiction containing at least 250,000 people to include an opportunity for members of the public to attend via a telephonic option or an internet-based service option. •Requires all open and public meetings to include an in-person public comment opportunity, except in specified circumstances during a declared state or local emergency. •Requires all open and public meetings to provide the public with an opportunity to comment on proposed legislation in person and remotely via a telephonic or an internet - based service option, as specified. FISCAL IMPACT: There is no fiscal impact as a result of issuing this letter of support. REVIEWED BY: Department Director: Anthony J. Mejia City Manager: Justin Clifton Attachments: 1.Letter of Support 2.AB 339 Fact Sheet 3.AB 339 Legislation Text 4.AB 339 Analysis ADDED STARTER ITEM 1AA-1 May 27, 2021 The Honorable Alex Lee California Assembly, 25th District California State Capitol, Room 2170 Sacramento, CA 95814 Re: Assembly Bill 339, Local Government: Open and Public Meetings – SUPPORT Dear Assembly Member Lee: On behalf of the City of Palm Springs, we are writing to inform you of our support for Assembly Bill 339, Local Government: Open and Public Meetings, which will expand opportunities to join public meetings and make public comment via telephonic and internet-based service options. We thank you for authoring this legislation and urge members of the Assembly Appropriations and Local Government Committees to vote “AYE.” Geographic, economic and other barriers – especially for rural and working-class communities who may lack travel options or not be able to take the time to travel to meetings typically held during the daytime, as well as for folks with mobility issues where travel may be difficult and burdensome – prevent many Californians from engaging in local government. These communities deserve a seat at the decision-making table and a voice in policy decisions that affect them, and it is the responsibility of the government to facilitate their participation. Existing law, 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. AB 339 would enhance public participation and expand access by ensuring that constituents in larger jurisdictions have opportunities to join and comment at open and public city council and county board of supervisor meetings, in-person and remotely. Despite concerns that local governments might incur substantial costs to comply with the bill, and contentions that they are too fiscally strapped to do so, many agencies covered by the measure have already voluntarily met the standards set out in the bill, even before they received the large influx of federal stimulus funds authorized this year. There are also cost-effective ways to meet compliance, such as using a phone to livestream to YouTube or Facebook. Ultimately, we understand these requirements may impose additional costs, but we believe that costs should not be a barrier for members of the public to be civically engaged and informed. While we believe that AB 339 makes important strides toward public participation for the largest jurisdictions, we would also support including additional local agencies in all jurisdictions. Furthermore, while AB 339 does not currently require translation services, we strongly encourage continued exploration of a translation and interpretation service requirement for all jurisdictions in order to ensure all Californians can equally participate in the political process. ADDED STARTER ITEM 1AA-2 During the COVID-19 pandemic, remote meetings have provided a unique opportunity for Californians across the state to better participate in local government meetings and give their input on important decisions regarding school reopening, housing, and public health. The past year has shown us how technology can be utilized to expand access and engagement with local government, and AB 339 builds on these gains of the past year to maintain and provide this access to more Californians now and once meetings return to in-person. Remote options that ensure equitable access to public meetings are necessary to ensure a government that is accountable to all of its constituents, not just a select few. Our democracy functions best when everyone is able to participate equally, and AB 339 makes important progress towards this goal. For these reasons, the City of Palm Springs supports Assembly Bill 339 and urge members of the Legislature to support the same. Please do not hesitate to contact the City Manager, Justin Clifton, at (760) 322-8362 or email citymanager@palmspringsca.gov if you need additional information. Sincerely, cc: Assembly Member Chad Mayes, District 42 Senator Melissa A. Melendez, District 28 ADDED STARTER ITEM 1AA-3 SUMMARY This bill would allow for continued remote participation in City Council and County Board of Supervisor meetings in jurisdictions with populations over 250,000, so more people can participate in government meetings and decisions. BACKGROUND Laws governing public participation for local agencies all require certain processes for members of the public to participate at open and public meetings. However, participation is often limited to those who are able to travel to meetings to speak in-person, and to those who speak and read English. These requirements, along with inconsistent language access standards, often preclude immigrants, working families, low-income, and differently-abled people from participating. While COVID-19 precautions have increased usage of remote participation options, not all agencies allow for effective remote participation. Additionally, there is frequently confusion over how to access meetings through remote technology options. The lack of timely notification and clear instructions reinforces obstacles. THE PROBLEM COVID-19 has exacerbated existing barriers that prevent people from participating in one of our democracy’s greatest features - public discourse designed to inform the rules and policies that govern us. In addition, linguistic, physical, and geographic isolation prevents constituents from exercising their civic duties, which limits our governing bodies from achieving their full potential. SOLUTION AB 339 would protect the public’s access to government, both during and following the COVID-19 pandemic. This bill would ensure that: • City Council and County Board of Supervisor meetings provide either a call-in or internet-based option for all public meetings so constituents can participate either remotely or in-person. • Meeting agendas and instructions for accessing meetings remotely are posted in a timely and accessible manner. SUPPORT Leadership Counsel for Justice and Accountability(Co-sponsor) ACLU CA Action(Co-sponsor) Abundant Housing LA ACT for Women and Girls Alianza Coachella Valley Alliance for Children’s Rights Alliance of Californians for Community Empowerment (ACCE) Arts for Healing and Justice Network Asian Americans Advancing Justice – CA Asian Law Alliance Bet Tzedek Business for Good San Diego California Association of Nonprofits California Common Cause California Domestic Workers Coalition California Environmental Justice Alliance (CEJA) California Institute for Rural Studies California League of Conservation Voters California News Publishers Association (CNPA) California Safe Schools California Teachers Association California Work & Family Coalition California YIMBY Californians Aware: The Center for Public Forum Rights Californians for Justice Californians for Pesticide Reform Center on Race, Poverty, and the Environment Central California Asthma Collaborative Central California Environmental Justice Network Central Valley Air Quality Coalition Child Care Law Center Citizens for Choice Nevada County Clean Water Action Climate Action Campaign ClimatePlan Coalition for Humane Immigrant Rights (CHIRLA) Congregations Organized for Prophetic Engagement (COPE) Courage California Cultiva La Salud Culver City For More Homes Dignity and Power Now Dolores Huerta Foundation Drug Policy Alliance Ella Baker Center for Human Rights Fairmead Community & Friends Faith in the Valley First Amendment Coalition Fresno Barrios Unidos Fresno Building Healthy Communities Fresno Metro Black Chamber of Commerce Friends of Caltrain GenerationUp Gente Organizada Greenbelt Alliance Hammond Climate Solutions Hmong Innovating Politics Housing California ALEX LEE ASSEMBLYMEMBER, TWENTY-FIFTH DISTRICT ASSEMBLY BILL 339 PUBLIC PARTICIPATION ADDED STARTER ITEM 1AA-4 Housing Is A Human Right – Orange County Housing Leadership Council of San Mateo County INDIVISIBLE CA: Statestrong INDIVISIBLE District 46 Inland Congregations United for Change Inland Equity Partnership Interfaith Movement for Human Integrity Jakara Movement Jewish Family & Community Services East Bay Justice LA Justice Network La Defensa League of Women Voters of CA LBGTQ Center Orange County Life Eldercare Los Angeles Sunshine Coalition Mental Health Advocacy Services Mi Familia Vota NAACP Riverside NAMI Greater Los Angeles County NextGen CA NOlympics LA Nourish CA Nuestra Casa Orange County Emergency Response Coalition Orange County Equality Coalition People for Housing - Orange County People’s Budget Orange County People’s Collective for Environmental Justice People’s Homeless Task Force Orange County Pesticide Action Network Planning and Conservation League PolicyLink Ponoma Economic Opportunity Center Public Advocates Pueblo Unido CDC Root & Rebound San Diego Schools San Francisco Senior & Disability Action Seamless Bay Area Senior & Disability Action Silicon Valley Community Foundation South County Homeless Task Force The California Children’s Trust Time for Change Foundation TODEC Legal Center Unite Here Local 11 United Food and Commercial Workers, Western States Council Voices for Progress Western Center on Law & Poverty White People 4 Black Lives Women for: Orange County YALLA Indivisible YIMBY Action Youth Justice Education Clinic, Loyola Law School #YouTooMovement Andrae Gonzales, Bakersfield City Council Bonnie Lieberman, Santa Clara Unified Board Trustee Bryan Ososio, Mayor of Delano Daniel Penaloza, Porterville City Council Hilda Solis, LA County Supervisor Jon Wizard, Seaside City Council Katie Valenzuela, Sacramento City Council Rigel Robinson, Berkeley City Council Rita Loof, San Bernardino County Board of Education Vickie Fairchild, Santa Clara Unified School District Zach Hilton, Gilroy City Council CONTACT Allison Lim, Chief of Staff Office of Assemblymember Alex Lee 916-319-2025 | Allison.lim@asm.ca.gov ADDED STARTER ITEM 1AA-5 AMENDED IN ASSEMBLY MAY 4, 2021 AMENDED IN ASSEMBLY APRIL 15, 2021 california legislature—2021–22 regular session ASSEMBLY BILL No. 339 Introduced by Assembly Members Lee and Cristina Garcia (Coauthors: Assembly Members Arambula, Cooley, and Robert Rivas) January 28, 2021 An act to amend Sections 54953, 54954.2, and 54954.3 amend, repeal, and add Section 54953 of the Government Code, relating to public meetings. legislative counsel’s digest AB 339, as amended, Lee. Local government: open and public meetings. Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Under existing law, a member of the legislative body who attends a meeting where action is taken in violation of this provision, with the intent to deprive the public of information that the member knows the public is entitled to, is guilty of a crime. This bill would would, until December 31, 2023, require all open and public meetings of a city council or a county board of supervisors that governs a jurisdiction containing least 250,000 people to include an opportunity for members of the public to attend via a telephonic option and or an internet-based service option. The bill would require all open 97 ADDED STARTER ITEM 1AA-6 and public meetings to include an in-person public comment opportunity, except in specified circumstances during a declared state or local emergency. The bill would require all meetings to provide the public with an opportunity to comment on proposed legislation in person and remotely via a telephonic and or an internet-based service option, as provided, and would specify requirements for public comment registration. The bill would also require the legislative bodies of the local agency to provide interpretation services as requested, and have a system to process requests for interpretation services and publicize that system online. provided. This bill would require legislative bodies of local agencies to make available instructions on joining the meeting to all non-English-speaking persons upon request, and publish the instructions in the 2 most spoken languages other than English within the local agency’s jurisdiction. By imposing new duties on local governments and expanding the application of a crime with respect to meetings, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 54953 of the Government Code is line 2 amended to read: line 3 54953. (a) All meetings of the legislative body of a local line 4 agency shall be open and public, and all persons shall be permitted line 5 to attend any meeting of the legislative body of a local agency in line 6 person, except as otherwise provided in this chapter. 97 — 2 — AB 339 ADDED STARTER ITEM 1AA-7 line 1 (b) All open and public meetings of a city council or a county line 2 board of supervisors that governs a jurisdiction containing at least line 3 250,000 people shall include an opportunity for members of the line 4 public to attend via a telephonic option and or an internet-based line 5 service option. For the purposes of this chapter, “internet-based line 6 service option” means a service or platform that allows two-way line 7 video and audio participation through the internet. All members of line 8 the public shall be entitled to participate in open and public line 9 meetings, regardless of national origin or language ability. line 10 (c) (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 requirements of this chapter and all otherwise applicable provisions line 16 of law relating to a specific type of meeting or proceeding. line 17 (2) Teleconferencing, as authorized by this section, may be used line 18 by members of the legislative body for all purposes in connection line 19 with any meeting within the subject matter jurisdiction of the line 20 legislative body. All votes taken during a teleconferenced meeting line 21 shall be by rollcall. line 22 (3) If the legislative body of a local agency elects to use line 23 teleconferencing, it shall post agendas at all teleconference line 24 locations and conduct teleconference meetings in a manner that line 25 protects the statutory and constitutional rights of the parties or the line 26 public appearing before the legislative body of a local agency. line 27 Each teleconference location shall be identified in the notice and line 28 agenda of the meeting or proceeding, and each teleconference line 29 location shall be accessible to the public. During the teleconference, line 30 at least a quorum of the members of the legislative body shall line 31 participate from locations within the boundaries of the territory line 32 over which the local agency exercises jurisdiction, except as line 33 provided in subdivision (e). (f). The agenda shall provide an line 34 opportunity for members of the public to address the legislative line 35 body directly pursuant to Section 54954.3 at each teleconference line 36 location. line 37 (4) For the purposes of this section, “teleconference” means a line 38 meeting of a legislative body, the members of which are in different line 39 locations, connected by electronic means, through either audio or 97 AB 339 — 3 — ADDED STARTER ITEM 1AA-8 line 1 video, or both. Nothing in this section shall prohibit a local agency line 2 from providing the public with additional teleconference locations. line 3 (d)All open and public meetings of a city council or a county line 4 board of supervisors that governs a jurisdiction containing at least line 5 250,000 people shall comply with the following requirements: line 6 (5)(A) line 7 (1)Unless there are any laws that prohibit in-person government line 8 meetings in the case of a declared state of emergency, including line 9 a public health emergency, all open and public meetings shall line 10 include an in-person public comment opportunity, wherein line 11 members of the public can report to a designated site to give public line 12 comment in person. The location of the designated site and any line 13 relevant instructions on in-person commenting shall be included line 14 with the public posting of the agenda. line 15 (B) line 16 (2)All open and public meetings shall provide the public with line 17 an opportunity to comment on proposed legislation, both in person line 18 and remotely via a telephonic and or an internet-based service line 19 option, and ensure the opportunity for the members of the public line 20 participating via a telephonic or an internet-based option to line 21 comment on agenda items with the same time allotment as a person line 22 attending a meeting in person. line 23 (C)Registration for public comment period is permitted, so line 24 long as instructions to register are posted, members of the public line 25 are able to register over the telephone and in person, and line 26 registration remains open until the comment period has finished line 27 for that agenda item. Information collected for registration purposes line 28 shall be limited to name, telephone number, and county of line 29 residence. line 30 (d) line 31 (e)(1) No legislative body shall take action by secret ballot, line 32 whether preliminary or final. line 33 (2)The legislative body of a local agency shall publicly report line 34 any action taken and the vote or abstention on that action of each line 35 member present for the action. line 36 (3)Prior to taking final action, the legislative body shall orally line 37 report a summary of a recommendation for a final action on the line 38 salaries, salary schedules, or compensation paid in the form of line 39 fringe benefits of a local agency executive, as defined in line 40 subdivision (d) of Section 3511.1, during the open meeting in 97 — 4 — AB 339 ADDED STARTER ITEM 1AA-9 line 1 which the final action is to be taken. This paragraph shall not affect line 2 the public’s right under the California Public Records Act (Chapter line 3 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 4 inspect or copy records created or received in the process of line 5 developing the recommendation. line 6 (e) line 7 (f) (1) Notwithstanding the provisions relating to a quorum in line 8 paragraph (3) of subdivision (c), if a health authority conducts a line 9 teleconference meeting, members who are outside the jurisdiction line 10 of the authority may be counted toward the establishment of a line 11 quorum when participating in the teleconference if at least 50 line 12 percent of the number of members that would establish a quorum line 13 are present within the boundaries of the territory over which the line 14 authority exercises jurisdiction, and the health authority provides line 15 a teleconference number, and associated access codes, if any, that line 16 allows any person to call in to participate in the meeting and the line 17 number and access codes are identified in the notice and agenda line 18 of the meeting. line 19 (2) Nothing in this subdivision shall be construed as line 20 discouraging health authority members from regularly meeting at line 21 a common physical site within the jurisdiction of the authority or line 22 from using teleconference locations within or near the jurisdiction line 23 of the authority. A teleconference meeting for which a quorum is line 24 established pursuant to this subdivision shall be subject to all other line 25 requirements of this section. line 26 (3) For purposes of this subdivision, a health authority means line 27 any entity created pursuant to Sections 14018.7, 14087.31, line 28 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 29 and Institutions Code, any joint powers authority created pursuant line 30 to Article 1 (commencing with Section 6500) of Chapter 5 of line 31 Division 7 for the purpose of contracting pursuant to Section line 32 14087.3 of the Welfare and Institutions Code, and any advisory line 33 committee to a county-sponsored health plan licensed pursuant to line 34 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 35 Health and Safety Code if the advisory committee has 12 or more line 36 members. line 37 (g) This section shall remain in effect only until December 31, line 38 2023, and as of that date is repealed. line 39 SEC. 2. Section 54954.2 of the Government Code is amended line 40 to read: 97 AB 339 — 5 — ADDED STARTER ITEM 1AA-10 line 1 54954.2. (a) (1) At least 72 hours before a regular meeting, line 2 the legislative body of the local agency, or its designee, shall post line 3 an agenda containing a brief general description of each item of line 4 business to be transacted or discussed at the meeting, including line 5 items to be discussed in closed session. A brief general description line 6 of an item generally need not exceed 20 words. The agenda shall line 7 specify the time and location of the regular meeting and shall be line 8 posted in a location that is freely accessible to members of the line 9 public and on the local agency’s internet website, if the local line 10 agency has one. If requested, the agenda shall be made available line 11 in appropriate alternative formats to persons with a disability, as line 12 required by Section 202 of the Americans with Disabilities Act of line 13 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations line 14 adopted in implementation thereof. The agenda shall include line 15 information regarding how, to whom, and when a request for line 16 disability-related modification or accommodation, including line 17 auxiliary aids or services, may be made by a person with a line 18 disability who requires a modification or accommodation in order line 19 to participate in the public meeting. line 20 (2) Instructions on joining the meeting via telephonic or line 21 internet-based service option, including registration for public line 22 comment, if required, shall be made available to all line 23 non-English-speaking persons upon request and should at minimum line 24 be published in the two most spoken languages other than English line 25 within the boundaries of the territory over which the local agency line 26 exercises jurisdiction. The meeting agenda should be made line 27 available upon request to all non-English-speaking persons within line 28 those boundaries in their language, regardless of national origin line 29 or language ability. line 30 (3) For a meeting occurring on and after January 1, 2019, of a line 31 legislative body of a city, county, city and county, special district, line 32 school district, or political subdivision established by the state that line 33 has an internet website, the following provisions shall apply: line 34 (A) An online posting of an agenda shall be posted on the line 35 primary internet website homepage of a city, county, city and line 36 county, special district, school district, or political subdivision line 37 established by the state that is accessible through a prominent, line 38 direct link to the current agenda. The direct link to the agenda shall line 39 not be in a contextual menu; however, a link in addition to the 97 — 6 — AB 339 ADDED STARTER ITEM 1AA-11 line 1 direct link to the agenda may be accessible through a contextual line 2 menu. line 3 (B)An online posting of an agenda including, but not limited line 4 to, an agenda posted in an integrated agenda management platform, line 5 shall be posted in an open format that meets all of the following line 6 requirements: line 7 (i)Retrievable, downloadable, indexable, and electronically line 8 searchable by commonly used internet search applications. line 9 (ii)Platform independent and machine readable. line 10 (iii)Available to the public free of charge and without any line 11 restriction that would impede the reuse or redistribution of the line 12 agenda. line 13 (C)A legislative body of a city, county, city and county, special line 14 district, school district, or political subdivision established by the line 15 state that has an internet website and an integrated agenda line 16 management platform shall not be required to comply with line 17 subparagraph (A) if all of the following are met: line 18 (i)A direct link to the integrated agenda management platform line 19 shall be posted on the primary internet website homepage of a city, line 20 county, city and county, special district, school district, or political line 21 subdivision established by the state. The direct link to the integrated line 22 agenda management platform shall not be in a contextual menu. line 23 When a person clicks on the direct link to the integrated agenda line 24 management platform, the direct link shall take the person directly line 25 to an internet website with the agendas of the legislative body of line 26 a city, county, city and county, special district, school district, or line 27 political subdivision established by the state. line 28 (ii)The integrated agenda management platform may contain line 29 the prior agendas of a legislative body of a city, county, city and line 30 county, special district, school district, or political subdivision line 31 established by the state for all meetings occurring on or after line 32 January 1, 2019. line 33 (iii)The current agenda of the legislative body of a city, county, line 34 city and county, special district, school district, or political line 35 subdivision established by the state shall be the first agenda line 36 available at the top of the integrated agenda management platform. line 37 (iv)All agendas posted in the integrated agenda management line 38 platform shall comply with the requirements in clauses (i), (ii), line 39 and (iii) of subparagraph (B). 97 AB 339 — 7 — ADDED STARTER ITEM 1AA-12 line 1 (D) For the purposes of this paragraph, both of the following line 2 definitions shall apply: line 3 (i) “Integrated agenda management platform” means an internet line 4 website of a city, county, city and county, special district, school line 5 district, or political subdivision established by the state dedicated line 6 to providing the entirety of the agenda information for the line 7 legislative body of the city, county, city and county, special district, line 8 school district, or political subdivision established by the state to line 9 the public. line 10 (ii) “Legislative body” has the same meaning as that term is line 11 used in subdivision (a) of Section 54952. line 12 (E) The provisions of this paragraph shall not apply to a political line 13 subdivision of a local agency that was established by the legislative line 14 body of the city, county, city and county, special district, school line 15 district, or political subdivision established by the state. line 16 (4) No action or discussion shall be undertaken on any item not line 17 appearing on the posted agenda, except that members of a line 18 legislative body or its staff may briefly respond to statements made line 19 or questions posed by persons exercising their public testimony line 20 rights under Section 54954.3. In addition, on their own initiative line 21 or in response to questions posed by the public, a member of a line 22 legislative body or its staff may ask a question for clarification, line 23 make a brief announcement, or make a brief report on the member’s line 24 own activities. Furthermore, a member of a legislative body, or line 25 the body itself, subject to rules or procedures of the legislative line 26 body, may provide a reference to staff or other resources for factual line 27 information, request staff to report back to the body at a subsequent line 28 meeting concerning any matter, or take action to direct staff to line 29 place a matter of business on a future agenda. line 30 (b) Notwithstanding subdivision (a), the legislative body may line 31 take action on items of business not appearing on the posted agenda line 32 under any of the conditions stated below. Prior to discussing any line 33 item pursuant to this subdivision, the legislative body shall publicly line 34 identify the item. line 35 (1) Upon a determination by a majority vote of the legislative line 36 body that an emergency situation exists, as defined in Section line 37 54956.5. line 38 (2) Upon a determination by a two-thirds vote of the members line 39 of the legislative body present at the meeting, or, if less than line 40 two-thirds of the members are present, a unanimous vote of those 97 — 8 — AB 339 ADDED STARTER ITEM 1AA-13 line 1 members present, that there is a need to take immediate action and line 2 that the need for action came to the attention of the local agency line 3 subsequent to the agenda being posted as specified in subdivision line 4 (a). line 5 (3) The item was posted pursuant to subdivision (a) for a prior line 6 meeting of the legislative body occurring not more than five line 7 calendar days prior to the date action is taken on the item, and at line 8 the prior meeting the item was continued to the meeting at which line 9 action is being taken. line 10 (c) This section is necessary to implement and reasonably within line 11 the scope of paragraph (1) of subdivision (b) of Section 3 of Article line 12 I of the California Constitution. line 13 (d) For purposes of subdivision (a), the requirement that the line 14 agenda be posted on the local agency’s internet website, if the line 15 local agency has one, shall only apply to a legislative body that line 16 meets either of the following standards: line 17 (1) A legislative body as that term is defined by subdivision (a) line 18 of Section 54952. line 19 (2) A legislative body as that term is defined by subdivision (b) line 20 of Section 54952, if the members of the legislative body are line 21 compensated for their appearance, and if one or more of the line 22 members of the legislative body are also members of a legislative line 23 body as that term is defined by subdivision (a) of Section 54952. line 24 SEC. 3. Section 54954.3 of the Government Code is amended line 25 to read: line 26 54954.3. (a) Every agenda for regular meetings shall provide line 27 an opportunity for members of the public to directly address the line 28 legislative body on any item of interest to the public, during the line 29 legislative body’s consideration of the item, that is within the line 30 subject matter jurisdiction of the legislative body, provided that line 31 no action shall be taken on any item not appearing on the agenda line 32 unless the action is otherwise authorized by subdivision (b) of line 33 Section 54954.2. The agenda need not provide an opportunity for line 34 members of the public to address the legislative body on any item line 35 that has already been considered by a committee, composed line 36 exclusively of members of the legislative body, at a public meeting line 37 wherein all interested members of the public were afforded the line 38 opportunity to address the committee on the item, before or during line 39 the committee’s consideration of the item, unless the item has been line 40 substantially changed since the committee heard the item, as 97 AB 339 — 9 — ADDED STARTER ITEM 1AA-14 line 1 determined by the legislative body. Every notice for a special line 2 meeting shall provide an opportunity for members of the public line 3 to directly address the legislative body concerning any item that line 4 has been described in the notice for the meeting before or during line 5 consideration of that item. line 6 (b) (1) The legislative body of a local agency may adopt line 7 reasonable regulations to ensure that the intent of subdivision (a) line 8 is carried out, including, but not limited to, regulations limiting line 9 the total amount of time allocated for public testimony on particular line 10 issues and for each individual speaker. line 11 (2) Notwithstanding paragraph (1), when the legislative body line 12 of a local agency limits time for public comment, the legislative line 13 body of a local agency shall provide at least twice the allotted time line 14 to a member of the public who utilizes a translator to ensure that line 15 non-English speakers receive the same opportunity to directly line 16 address the legislative body of a local agency. line 17 (3) Paragraph (2) shall not apply if the legislative body of a line 18 local agency utilizes simultaneous translation equipment in a line 19 manner that allows the legislative body of a local agency to hear line 20 the translated public testimony simultaneously. line 21 (c) The legislative body of a local agency shall not prohibit line 22 public criticism of the policies, procedures, programs, or services line 23 of the agency, or of the acts or omissions of the legislative body. line 24 Nothing in this subdivision shall confer any privilege or protection line 25 for expression beyond that otherwise provided by law. line 26 (d) All members of the public shall be entitled to participate in line 27 public meetings, regardless of national origin or language ability. line 28 If interpretation services are requested for the public meeting and line 29 public comment period, those services should be provided. line 30 (e) Local agencies shall have in place a system for requesting line 31 and receiving interpretation services for public meetings, including line 32 the public comment period. Local agencies shall publicize this line 33 system and the instructions on how to request certified line 34 interpretation services for public meetings online. line 35 SEC. 2. Section 54953 is added to the Government Code, to line 36 read: line 37 54953. (a) All meetings of the legislative body of a local line 38 agency shall be open and public, and all persons shall be permitted line 39 to attend any meeting of the legislative body of a local agency, line 40 except as otherwise provided in this chapter. 97 — 10 — AB 339 ADDED STARTER ITEM 1AA-15 line 1 (b)(1) Notwithstanding any other provision of law, the line 2 legislative body of a local agency may use teleconferencing for line 3 the benefit of the public and the legislative body of a local agency line 4 in connection with any meeting or proceeding authorized by law. line 5 The teleconferenced meeting or proceeding shall comply with all line 6 requirements of this chapter and all otherwise applicable line 7 provisions of law relating to a specific type of meeting or line 8 proceeding. line 9 (2)Teleconferencing, as authorized by this section, may be used line 10 for all purposes in connection with any meeting within the subject line 11 matter jurisdiction of the legislative body. All votes taken during line 12 a teleconferenced meeting shall be by rollcall. line 13 (3)If the legislative body of a local agency elects to use line 14 teleconferencing, it shall post agendas at all teleconference line 15 locations and conduct teleconference meetings in a manner that line 16 protects the statutory and constitutional rights of the parties or line 17 the public appearing before the legislative body of a local agency. line 18 Each teleconference location shall be identified in the notice and line 19 agenda of the meeting or proceeding, and each teleconference line 20 location shall be accessible to the public. During the line 21 teleconference, at least a quorum of the members of the legislative line 22 body shall participate from locations within the boundaries of the line 23 territory over which the local agency exercises jurisdiction, except line 24 as provided in subdivision (d). The agenda shall provide an line 25 opportunity for members of the public to address the legislative line 26 body directly pursuant to Section 54954.3 at each teleconference line 27 location. line 28 (4)For the purposes of this section, “teleconference” means a line 29 meeting of a legislative body, the members of which are in different line 30 locations, connected by electronic means, through either audio or line 31 video, or both. Nothing in this section shall prohibit a local agency line 32 from providing the public with additional teleconference locations. line 33 (c)(1) No legislative body shall take action by secret ballot, line 34 whether preliminary or final. line 35 (2)The legislative body of a local agency shall publicly report line 36 any action taken and the vote or abstention on that action of each line 37 member present for the action. line 38 (3)Prior to taking final action, the legislative body shall orally line 39 report a summary of a recommendation for a final action on the line 40 salaries, salary schedules, or compensation paid in the form of 97 AB 339 — 11 — ADDED STARTER ITEM 1AA-16 line 1 fringe benefits of a local agency executive, as defined in subdivision line 2 (d) of Section 3511.1, during the open meeting in which the final line 3 action is to be taken. This paragraph shall not affect the public’s line 4 right under the California Public Records Act (Chapter 3.5 line 5 (commencing with Section 6250) of Division 7 of Title 1) to inspect line 6 or copy records created or received in the process of developing line 7 the recommendation. line 8 (d) (1) Notwithstanding the provisions relating to a quorum in line 9 paragraph (3) of subdivision (b), if a health authority conducts a line 10 teleconference meeting, members who are outside the jurisdiction line 11 of the authority may be counted toward the establishment of a line 12 quorum when participating in the teleconference if at least 50 line 13 percent of the number of members that would establish a quorum line 14 are present within the boundaries of the territory over which the line 15 authority exercises jurisdiction, and the health authority provides line 16 a teleconference number, and associated access codes, if any, that line 17 allows any person to call in to participate in the meeting and the line 18 number and access codes are identified in the notice and agenda line 19 of the meeting. line 20 (2) Nothing in this subdivision shall be construed as line 21 discouraging health authority members from regularly meeting at line 22 a common physical site within the jurisdiction of the authority or line 23 from using teleconference locations within or near the jurisdiction line 24 of the authority. A teleconference meeting for which a quorum is line 25 established pursuant to this subdivision shall be subject to all other line 26 requirements of this section. line 27 (3) For purposes of this subdivision, a health authority means line 28 any entity created pursuant to Sections 14018.7, 14087.31, line 29 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 30 and Institutions Code, any joint powers authority created pursuant line 31 to Article 1 (commencing with Section 6500) of Chapter 5 of line 32 Division 7 for the purpose of contracting pursuant to Section line 33 14087.3 of the Welfare and Institutions Code, and any advisory line 34 committee to a county-sponsored health plan licensed pursuant to line 35 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 36 Health and Safety Code if the advisory committee has 12 or more line 37 members. line 38 (e) This section shall become operative on December 31, 2023. 97 — 12 — AB 339 ADDED STARTER ITEM 1AA-17 line 1 SEC. 4. line 2 SEC. 3. No reimbursement is required by this act pursuant to line 3 Section 6 of Article XIIIB of the California Constitution because line 4 the only costs that may be incurred by a local agency or school line 5 district under this act would result either from a legislative mandate line 6 that is within the scope of paragraph (7) of subdivision (b) of line 7 Section 3 of Article I of the California Constitution, or because line 8 this act creates a new crime or infraction, eliminates a crime or line 9 infraction, or changes the penalty for a crime or infraction, within line 10 the meaning of Section 17556 of the Government Code, or changes line 11 the definition of a crime within the meaning of Section 6 of Article line 12 XIIIB of the California Constitution. line 13 SEC. 5. line 14 SEC. 4. The Legislature finds and declares that Sections 1, 2, line 15 and 3 Section 1 of this act, which amend Sections 54953, 54954.2, line 16 and 54954.3 amends Section 54953 of the Government Code, line 17 further, furthers, within the meaning of paragraph (7) of line 18 subdivision (b) of Section 3 of Article I of the California line 19 Constitution, the purposes of that constitutional section as it relates line 20 to the right of public access to the meetings of local public bodies line 21 or the writings of local public officials and local agencies. Pursuant line 22 to paragraph (7) of subdivision (b) of Section 3 of Article I of the line 23 California Constitution, the Legislature makes the following line 24 findings: line 25 The provisions of the act allow for greater public access through line 26 requiring specified entities to provide a telephonic and or line 27 internet-based service option and instructions on how to access line 28 these options to the public for specified meetings and allow for line 29 greater accommodations for non-English speakers attending the line 30 meetings. O 97 AB 339 — 13 — ADDED STARTER ITEM 1AA-18 AB 339 Page 1 ASSEMBLY THIRD READING AB 339 (Lee and Cristina Garcia) As Amended May 4, 2021 Majority vote SUMMARY Requires certain city council or county board of supervisors meetings to allow the public to attend and comment via telephone or internet. Major Provisions Requires, until December 31, 2023, all open and public meetings of a city council or a county board of supervisors that governs a jurisdiction containing at least 250,000 people to include an opportunity for members of the public to attend via a telephonic option or an internet-based service option. Requires all open and public meetings to include an in-person public comment opportunity, except in specified circumstances during a declared state or local emergency. Requires all open and public meetings to provide the public with an opportunity to comment on proposed legislation in person and remotely via a telephonic or an internet-based service option, as specified. COMMENTS The Brown Act generally requires meetings to be noticed in advance, including the posting of an agenda, and generally requires meetings to be open and accessible to the public. The Brown Act also generally requires members of the public to have an opportunity to comment on agenda items, and generally prohibits deliberation or action on items not listed on the agenda. The Brown Act allows local agencies to use teleconferencing for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding must comply with all requirements of the Brown Act and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. Teleconferencing may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If a legislative body of a local agency elects to use teleconferencing, it must post agendas at all teleconference locations and protect the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location must be identified in the notice and agenda of the meeting or proceeding, and each teleconference location must be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body must participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, with exceptions. The agenda must provide an opportunity for members of the public at each teleconference location to address the legislative body directly pursuant to the Brown Act's provisions governing public comment. ADDED STARTER ITEM 1AA-19 AB 339 Page 2 In March of 2020, the Governor issued Executive Order N-29-20, which stated that, "Notwithstanding any other provision of state or local law (including, but not limited to, the Bagley-Keene Act or the Brown Act), and subject to the notice and accessibility requirements set forth below, a local legislative body or state body is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body or state body. All requirements in both the Bagley-Keene Act and the Brown Act expressly or impliedly requiring the physical presence of members, the clerk or other personnel of the body, or of the public as a condition of participation in or quorum for a public meeting are hereby waived." "All of the foregoing provisions concerning the conduct of public meetings shall apply only during the period in which state or local public health officials have imposed or recommended social distancing measures." Proposition 42, passed by voters in 2014, requires all local governments to comply with the Public Records Act and the Brown Act and with any subsequent changes to those Acts. Proposition 42 also eliminated reimbursement to local agencies for costs of complying with the Public Records Act and the Brown Act. According to the Author Public meetings were able to quickly adapt to changing dynamics during the pandemic. While on one hand, meetings have expanded access to people who wouldn't ordinarily be able to participate such as working families, COVID-19 has also exacerbated existing barriers that prevent people from participating in one of our democracy's greatest features – public discourse. AB 339 would protect the public's access to government, both during and following the COVID- 19 pandemic. Arguments in Support A large coalition of supporters, including the Leadership Counsel fo r Justice and Accountability and ACLU California Action write, "AB 339 would enhance public participation and expand access by ensuring that constituents in jurisdictions of at least 250,000 people have opportunities to join and comment at open and public city council and county board of supervisor meetings, in- person and remotely, between January 1, 2022 to December 31, 2023. Despite claims that local governments might incur substantial costs to comply with the bill, and contentions that they are too fiscally strapped to do so, most if not all agencies covered by the measure have already voluntarily met the standards set out in the bill, even before they received the large influx of federal stimulus funds authorized this year. Thus, there will be no or virtually no local costs. There would not be significant local costs even if the bill included all local governments. Likewise, the bill imposes no state costs because it is not a reimbursable mandate. "During the COVID-19 pandemic, remote meetings have provided a unique opportunity for Californians across the state to better participate in local government meetings. The past year has shown us how technology can help expand access and engagement with local government, and AB 339 builds on the gains of the past year to provide this access to more Californians now and once meetings return to in-person. "Remote options that ensure the equitable access to public mee tings are necessary to ensure a government that is accountable to all of its constituents, not just a select few. Our democracy ADDED STARTER ITEM 1AA-20 AB 339 Page 3 functions best when everyone is able to participate equally, and AB 339 makes important progress towards this goal. For these reasons, our organizations support AB 339." Arguments in Opposition A coalition of local government associations, including the League of California Cities and the California State Association of Counties, wrote in opposition to a prior version of this bill, "…local public agencies have strived to maintain a continuity of government during the pandemic while also continuing to provide essential services. However, once social distancing requirements are lifted and more legislative bodies return to their meeting rooms, AB 339 (if passed) would present an immediate technological and staffing challenge of providing a 'live mic ' for public comment and connecting that system to both a teleconferencing and internet- based service. That challenge is only compounded by the resource limitations affecting agencies up and down the state, as compliance with these provisions will require (a) significant one-time equipment expenses; and (b) ongoing costs for personnel and technology service subscriptions to ensure strict compliance with the bill… "…it is important to keep in mind that every mandate on the operation of Brown Act meetings creates a new opportunity for litigious individuals to take advantage of the Act to sue local public agencies, where Brown Act violations result in liability for a prevailing plaintiff's attorney's fees. Additionally, the opponents of a land-use decision could utilize these provisions or any technological lapse in operations of the meeting to allege a Brown Act violation and invalidate any decision made by the legislative body… "Collectively, we share the author's commitment to access and transparency and recognize how key those values are to local democracy. However, AB 339 will burden local governments financially and practically at a time when they are already struggling and it will undoubtedly create situations where duly elected local government officials and their dedicated staff are stymied in their ability to efficiently execute the people's business." FISCAL COMMENTS According to the Assembly Appropriations Committee, estimated costs to cities and counties, likely in the low millions of dollars statewide, to comply with the bill's provisions. These costs include one-time information technology (IT) investments and ongoing costs for additional staff, licensing and IT support. Each of the 26 counties and 15 cities covered by this bill is likely to incur costs in the low hundreds of thousands to comply. However, these costs are not reimbursable by the state pursuant to Proposition 42, passed by the voters in 2014, which requires all local governments to comply with the Brown Act, but also eliminated reimbursement to local agencies for the costs of complying. VOTES ASM LOCAL GOVERNMENT: 7-0-1 YES: Aguiar-Curry, Bloom, Boerner Horvath, Ramos, Luz Rivas, Robert Rivas, Voepel ABS, ABST OR NV: Lackey ADDED STARTER ITEM 1AA-21 AB 339 Page 4 ASM APPROPRIATIONS: 11-2-3 YES: Lorena Gonzalez, Calderon, Carrillo, Chau, Gabriel, Levine, Quirk, Robert Rivas, Akilah Weber, Luz Rivas, Holden NO: Bigelow, Megan Dahle ABS, ABST OR NV: Davies, Fong, Eduardo Garcia UPDATED VERSION: May 4, 2021 CONSULTANT: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0000399 ADDED STARTER ITEM 1AA-22