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| Measure | SB 707 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Authors |
Durazo
Principle Coauthors: Arreguín Coauthors: Arambula Fong Blanca Rubio |
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| Subject | Open meetings: meeting and teleconference requirements. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Relating To | relating to local government. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Title | An act to amend Sections 54952.7, 54953, 54953.5, 54953.7, 54954.2, 54954.3, 54956, 54956.5, 54957.6, 54957.9, and 54957.95 of, to amend and repeal Section 54952.2 of, to add Sections 54953.8, 54953.8.1, 54953.8.2, and 54957.96 to, and to add and repeal Sections 54953.4, 54953.8.3, 54953.8.4, 54953.8.5, 54953.8.6, and 54953.8.7 of, the Government Code, relating to local government. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Last Action Dt | 2025-10-03 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| State | Chaptered | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Status | Chaptered | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Active? | Y | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Vote Required | Majority | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Appropriation | No | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Fiscal Committee | Yes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Local Program | Yes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Substantive Changes | None | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Urgency | No | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Tax Levy | No | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Leginfo Link | Bill | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Last Version Text | <?xml version="1.0" ?> <ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd"> <ns0:Description> <ns0:Id>20250SB__070791CHP</ns0:Id> <ns0:VersionNum>91</ns0:VersionNum> <ns0:History> <ns0:Action> <ns0:ActionText>INTRODUCED</ns0:ActionText> <ns0:ActionDate>2025-02-21</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_SENATE</ns0:ActionText> <ns0:ActionDate>2025-04-07</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_SENATE</ns0:ActionText> <ns0:ActionDate>2025-05-29</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-07-08</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-07-17</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-09-02</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-09-05</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>PASSED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-09-13</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>PASSED_SENATE</ns0:ActionText> <ns0:ActionDate>2025-09-13</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>ENROLLED</ns0:ActionText> <ns0:ActionDate>2025-09-18</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>CHAPTERED</ns0:ActionText> <ns0:ActionDate>2025-10-03</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>APPROVED</ns0:ActionText> <ns0:ActionDate>2025-10-03</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>FILED</ns0:ActionText> <ns0:ActionDate>2025-10-03</ns0:ActionDate> </ns0:Action> </ns0:History> <ns0:LegislativeInfo> <ns0:SessionYear>2025</ns0:SessionYear> <ns0:SessionNum>0</ns0:SessionNum> <ns0:MeasureType>SB</ns0:MeasureType> <ns0:MeasureNum>707</ns0:MeasureNum> <ns0:MeasureState>CHP</ns0:MeasureState> <ns0:ChapterYear>2025</ns0:ChapterYear> <ns0:ChapterType>CHP</ns0:ChapterType> <ns0:ChapterSessionNum>0</ns0:ChapterSessionNum> <ns0:ChapterNum>327</ns0:ChapterNum> </ns0:LegislativeInfo> <ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Durazo</ns0:AuthorText> <ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_ORIGINATING">(Principal coauthor: Senator Arreguín)</ns0:AuthorText> <ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthors: Assembly Members Arambula, Fong, and Blanca Rubio)</ns0:AuthorText> <ns0:Authors> <ns0:Legislator> <ns0:Contribution>LEAD_AUTHOR</ns0:Contribution> <ns0:House>SENATE</ns0:House> <ns0:Name>Durazo</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution> <ns0:House>SENATE</ns0:House> <ns0:Name>Arreguín</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Arambula</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Fong</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Blanca Rubio</ns0:Name> </ns0:Legislator> </ns0:Authors> <ns0:Title>An act to amend Sections 54952.7, 54953, 54953.5, 54953.7, 54954.2, 54954.3, 54956, 54956.5, 54957.6, 54957.9, and 54957.95 of, to amend and repeal Section 54952.2 of, to add Sections 54953.8, 54953.8.1, 54953.8.2, and 54957.96 to, and to add and repeal Sections 54953.4, 54953.8.3, 54953.8.4, 54953.8.5, 54953.8.6, and 54953.8.7 of, the Government Code, relating to local government. </ns0:Title> <ns0:RelatingClause>local government</ns0:RelatingClause> <ns0:GeneralSubject> <ns0:Subject>Open meetings: meeting and teleconference requirements.</ns0:Subject> </ns0:GeneralSubject> <ns0:DigestText> <html:p> (1) <html:span class="EnSpace"/> Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. </html:p> <html:p>This bill would, beginning July 1, 2026, and until January 1, 2030, require an eligible legislative body, as defined, to comply with additional meeting requirements, including that, except as specified, all open and public meetings include an opportunity for members of the public to attend via a 2-way telephonic service or a 2-way audiovisual platform, as defined, and that the eligible legislative body take specified actions to encourage residents to participate in public meetings, as specified. The bill would require an eligible legislative body, on or before July 1, 2026, to approve at a noticed public meeting in open session a policy regarding disruption of telephonic or internet services occurring during meetings subject to these provisions, as specified, and would require the eligible legislative body to comply with certain requirements relating to disruption, including for certain disruptions, recessing the open session for at least one hour and making a good faith attempt to restore the service, as specified.</html:p> <html:p> (2) <html:span class="EnSpace"/> Existing law prohibits a majority of the members of a legislative body, outside a meeting authorized by the act, from using a series of communications of any kind to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. Existing law defines “meetings” for these purposes to mean any congregation of a majority of the members of a legislative body at the same time and location, as specified, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. Until January 1, 2026, existing law excepts from the prohibition a member engaging in separate conversations or communications outside of a meeting with any other person using an internet-based social media platform for specified purposes, provided, among other things, that a majority of the members do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. </html:p> <html:p>This bill would make the above-described exception related to communications on an internet-based social media platform applicable indefinitely. </html:p> <html:p> (3) <html:span class="EnSpace"/> Existing law requires a legislative body, prior to taking final action, to orally report a summary of a recommendation for a final action on specified forms of compensation for a local agency executive, as defined, during the open meeting in which the final action is to be taken. </html:p> <html:p>This bill would also require the legislative body to make that oral report, as provided above, prior to taking final action on those specified forms of compensation for a department head or other similar administrative officer of the local agency.</html:p> <html:p> (4) <html:span class="EnSpace"/> Existing law requires a legislative body of a local agency or its designee, at least 72 hours before a regular meeting, to post an agenda that meets specified requirements, including that the agenda contain a brief general description of each item of business to be transacted or discussed at the meeting, as specified. </html:p> <html:p>This bill would, beginning July 1, 2026, and until July 1, 2030, require the agenda for each meeting of an eligible legislative body, as defined, to be translated into all applicable languages. The bill would define “applicable languages” to mean languages, according to data from the most recent American Community Survey, spoken jointly by 20% or more of the applicable population, as specified, provided that 20% or more of the population that speaks that language that in that city or county speaks English less than “very well,” as specified, and except as provided.</html:p> <html:p>Existing law requires every agenda for regular meetings to provide an opportunity for members of the public to directly address the legislative body on any item of interest of the public, as specified. Existing law specifies that the agenda is not required to provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, as specified, except if the item has been substantially changed since the committee heard the item, as determined by the legislative body.</html:p> <html:p>This bill would add certain exceptions to the provision related to an item that has already been considered by a committee, including excepting committees whose primary subject matter jurisdiction focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals, except as specified.</html:p> <html:p> (5) <html:span class="EnSpace"/> Existing law authorizes a legislative body of a local agency to require a copy of the act to be given to each member of the legislative body and specified persons elected to serve as a member of the legislative body, and authorizes an elected legislative body member to require a copy to be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. </html:p> <html:p>This bill would instead require a local agency to provide a copy of the act to any person elected or appointed to serve as a member of a legislative body of the local agency.</html:p> <html:p>Existing law authorizes legislative bodies of local agencies to impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in the act, and authorizes an elected legislative body of a local agency to also impose those requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body.</html:p> <html:p>This bill would remove the above-described requirement that members of an appointed legislative body of a local agency must be appointed by or under the authority of the elected legislative body of a local agency in order for the elected legislative body to impose the above-described requirements on the appointed legislative body. </html:p> <html:p> (6) <html:span class="EnSpace"/> Existing law provides any person attending an open and public meeting of a legislative body of a local agency with the right to record the proceedings with an audio or visual recorder or a still or motion picture camera, as specified. </html:p> <html:p>This bill would remove the reference to an audio or visual recorder or a still or motion picture camera for purposes of recording the proceedings, as described above.</html:p> <html:p> (7) <html:span class="EnSpace"/> Existing law authorizes a legislative body of a local agency to use teleconferencing, as specified, and requires a legislative body of a local agency that elects to use teleconferencing to comply with specified general requirements, including that the local agency post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified. </html:p> <html:p>Existing law authorizes members who are outside the jurisdiction of a health authority, as defined, that conducts a teleconferencing meeting to, notwithstanding the above-described general teleconference provisions, count towards the establishment of a quorum when participating in the teleconference if, among other things, at least 50% of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction.</html:p> <html:p>Existing law authorizes, in certain circumstances, the legislative body of a local agency to use specified alternative teleconferencing which include provisions related to, among others, notice of the means by which members of the public may access the meeting and offer public comment and identifying and including an opportunity for all persons to attend via a call-in option or an internet-based service option. Those circumstances in which the legislative body of a local agency is authorized to use the alternative teleconferencing provisions include specified circumstances relating to a state of emergency, as defined, and, until January 1, 2026, subject to specified limitations, a member’s need to participate remotely due to just cause, defined to include, among other things, a need related to a physical or mental disability, or emergency circumstances, as defined, if certain quorum and disclosure requirements are met.</html:p> <html:p> Existing law also authorizes certain eligible legislative bodies, including neighborhood councils and student body associations and student-run community college organizations to, until January 1, 2026, use alternate teleconferencing if, among other requirements, the city council or board of trustees, as applicable, has adopted an authorizing resolution and <ns0:Fraction> <ns0:Numerator>2</ns0:Numerator> <ns0:Denominator>3</ns0:Denominator> </ns0:Fraction> of the neighborhood city council or specified student organization, as applicable, votes to use alternate teleconference provisions, as specified. </html:p> <html:p>This bill would revise and recast the above-specified teleconferencing and alternative teleconferencing provisions to uniformly apply certain noticing, disclosure, accessibility, and public commenting provisions. The bill would require a legislative body of a local agency that elects to use teleconferencing pursuant to these alternative teleconferencing provisions to comply with, in addition to any other applicable requirements under the act, specified requirements, including that the legislative body provides at least either 2-way audiovisual platform or 2-way telephonic service and a live webcasting of the meeting as a means by which the public may, among other things, remotely hear and visually observe the meeting, and that a member of the legislative body who participates in a teleconference meeting from a remote location pursuant to these alternative teleconferencing provisions and the specific provision of law that the member relied upon to permit their participation by teleconferencing are listed in the minutes of the meeting. The bill would require a local agency to identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings.</html:p> <html:p>The bill would specify that nothing in the bill’s provisions is to be construed to prohibit a member of a legislative body with a disability, as defined, from participating in any meeting of the legislative body by remote participation as a reasonable accommodation pursuant to any applicable law. The bill would apply certain provisions relative to, among other things, quorum establishment to that circumstance.</html:p> <html:p>The bill would instead authorize a health authority, as defined, to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions.</html:p> <html:p>The bill would revise and recast the alternative teleconferencing provisions applicable in a state of emergency, as defined. The bill would also include a local emergency, as defined, as a circumstance in which a legislative body of a local agency is authorized to use the alternative teleconferencing provisions.</html:p> <html:p>The bill would revise and recast the alternative teleconferencing provisions applicable in cases of a member’s need to participate remotely due to just cause or emergency circumstances, as defined, to remove the provision applicable to emergency circumstances, to revise related definitions, including broadening the definition of just cause to include, among other things, a physical or family medical emergency that prevents a member from attending in person, and to require the minutes for a meeting to identify the specific provision of law that each member relied upon to participate remotely, as specified. The bill would extend the authorization to use the alternative teleconferencing provision until January 1, 2030.</html:p> <html:p>The bill would revise and recast the alternative teleconferencing provisions applicable to neighborhood councils and student body associations and student-run community college organizations. In regards to the alternative teleconferencing provisions applicable to student body associations and student-run community college organizations, the bill would exempt the California Online Community College from specified requirements for an in-person quorum, a physical location for public participation, and certain accommodations under the authorization, and remove the ability for a person with a disability that requires certain accommodations to count towards the in-person quorum requirement. The bill would specify that the student body associations and student-run community college organizations described above are those in any community college recognized within the California Community Colleges system, and would extend the authorization to the Student Senate for California Community Colleges. The bill would extend the authorization to use the alternative teleconferencing provisions applicable to neighborhood councils and student body associations and student-run community college organizations until January 1, 2030.</html:p> <html:p>The bill would, until January 1, 2030, also authorize a specified subsidiary body of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the subsidiary body designates one physical meeting location within the boundaries of the legislative body that created the subsidiary body where members of the subsidiary body who are not participating remotely shall be present and members of the public may physically attend, observe, hear, and participate in the meeting, as specified.</html:p> <html:p>The bill would, until January 1, 2030, also authorize specified multijurisdictional bodies of local agencies to conduct a teleconference meeting pursuant to the above-described alternative teleconferencing provisions, provided that it complies with the requirements for alternative teleconferencing described above and additional requirements, including that the eligible multijurisdictional body has adopted a resolution that authorizes the multijurisdictional body to use teleconferencing at a regular meeting in open session.</html:p> <html:p>The bill would specify that these teleconferencing provisions are cumulative, and would authorize a legislative body to elect to use any teleconferencing provisions that are applicable to a meeting, regardless of whether any other teleconferencing provisions would also be applicable to that meeting.</html:p> <html:p>Existing law defines “teleconference” for purposes of the authorization for a legislative body of a local agency to use teleconferencing to mean a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.</html:p> <html:p>This bill would specify that “teleconference” does not include the attendance of one or more members of a legislative body in a meeting of the body solely by watching or listening via webcasting or any other similar electronic medium that does not permit members to interactively speak, discuss, or deliberate on matters.</html:p> <html:p> (8) <html:span class="EnSpace"/> Existing law authorizes a special meeting to be called any time by, among other persons, the presiding officer of the legislative body of a local agency, by delivering specified written notices and posting a notice on the local agency’s internet website, if the local agency has one. Existing law requires specified legislative bodies to comply with the internet website posting requirement. </html:p> <html:p>The bill would remove the requirement that only specified legislative bodies comply with the internet website posting requirement, thereby imposing that requirement on all legislative bodies.</html:p> <html:p> (9) <html:span class="EnSpace"/> Existing law authorizes a legislative body of a local agency to hold an emergency meeting without complying with specified notice and posting requirements in the case of emergency circumstances, as specified, and imposes various requirements under these provisions applicable to either legislative bodies generally or legislative bodies which are a school board. </html:p> <html:p>This bill would remove the school board distinction from the above-described provisions, thereby imposing the same requirements to hold an emergency meeting on all legislative bodies of local agencies. </html:p> <html:p>By imposing additional duties on legislative bodies of local agencies, the bill would impose a state-mandated local program.</html:p> <html:p> (10) <html:span class="EnSpace"/> Existing law authorizes, in addition to other related specified authorizations, the presiding member of the legislative body conducting a meeting or their designee to remove, or cause the removal of, an individual for disrupting the meeting. Existing law defines “disrupting” for these purposes to mean engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, as specified. </html:p> <html:p>This bill would specify that a meeting for purposes of that provision includes any teleconferenced meeting. The bill would specify that the existing authority of a legislative body or its presiding officer to remove or limit participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, as specified, applies to members of the public participating in a meeting via a 2-way telephonic service or a 2-way audiovisual platform, as those terms are defined.</html:p> <html:p> (11) <html:span class="EnSpace"/> The bill would make other updates to references in the act. </html:p> <html:p> (12) <html:span class="EnSpace"/> 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. </html:p> <html:p>This bill would make legislative findings to that effect.</html:p> <html:p> (13) <html:span class="EnSpace"/> 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. </html:p> <html:p>This bill would make legislative findings to that effect.</html:p> <html:p> (14) <html:span class="EnSpace"/> The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. </html:p> <html:p> (15) <html:span class="EnSpace"/> 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. </html:p> <html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p> </ns0:DigestText> <ns0:DigestKey> <ns0:VoteRequired>MAJORITY</ns0:VoteRequired> <ns0:Appropriation>NO</ns0:Appropriation> <ns0:FiscalCommittee>YES</ns0:FiscalCommittee> <ns0:LocalProgram>YES</ns0:LocalProgram> </ns0:DigestKey> <ns0:MeasureIndicators> <ns0:ImmediateEffect>NO</ns0:ImmediateEffect> <ns0:ImmediateEffectFlags> <ns0:Urgency>NO</ns0:Urgency> <ns0:TaxLevy>NO</ns0:TaxLevy> <ns0:Election>NO</ns0:Election> <ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses> <ns0:BudgetBill>NO</ns0:BudgetBill> <ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill> </ns0:ImmediateEffectFlags> </ns0:MeasureIndicators> </ns0:Description> <ns0:Bill id="bill"> <ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble> <ns0:BillSection id="id_C23748B8-8A14-4C14-AA1F-7C4DF14D729F"> <ns0:Num>SECTION 1.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54952.2.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended by Stats. 2020, Ch. 89, Sec. 1. [id_93e4066b-39aa-11eb-923f-f1b2d79fc0b2]" ns3:type="locator"> Section 54952.2 of the <ns0:DocName>Government Code</ns0:DocName> , as amended by Section 1 of Chapter 89 of the Statutes of 2020, is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_DA32576A-D70B-4BA6-B234-D9299F50C7AA"> <ns0:Num>54952.2.</ns0:Num> <ns0:LawSectionVersion id="id_7C4C6DD9-A409-46D0-8013-35FBF9A5E79D"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. </html:p> <html:p> (b) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. </html:p> <html:p> (2) <html:span class="EnSpace"/> Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. </html:p> <html:p> (3) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. </html:p> <html:p> (B) <html:span class="EnSpace"/> For purposes of this paragraph, all of the following definitions shall apply: </html:p> <html:p> (i) <html:span class="EnSpace"/> “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. </html:p> <html:p> (ii) <html:span class="EnSpace"/> “Internet-based social media platform” means an online service that is open and accessible to the public. </html:p> <html:p> (iii) <html:span class="EnSpace"/> “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. </html:p> <html:p> (c) <html:span class="EnSpace"/> Nothing in this section shall impose the requirements of this chapter upon any of the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). </html:p> <html:p> (2) <html:span class="EnSpace"/> The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. </html:p> <html:p> (3) <html:span class="EnSpace"/> The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. </html:p> <html:p> (4) <html:span class="EnSpace"/> The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. </html:p> <html:p> (5) <html:span class="EnSpace"/> The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. </html:p> <html:p> (6) <html:span class="EnSpace"/> The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_5A6CE225-0562-41E2-ABB6-6C15646ABE82"> <ns0:Num>SEC. 2.</ns0:Num> <ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54952.2.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Repealed (in Sec. 1) and added by Stats. 2020, Ch. 89, Sec. 2. [id_caa01df9-39a5-11eb-923f-f1b2d79fc0b2]" ns3:type="locator"> Section 54952.2 of the <ns0:DocName>Government Code</ns0:DocName> , as added by Section 2 of Chapter 89 of the Statutes of 2020, is repealed. </ns0:ActionLine> <ns0:Fragment/> </ns0:BillSection> <ns0:BillSection id="id_488340F6-9DAC-4BF6-B00A-7E215C957185"> <ns0:Num>SEC. 3.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54952.7.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54952.7 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_483F19C4-63B9-4F44-9D44-ED1904738A71"> <ns0:Num>54952.7.</ns0:Num> <ns0:LawSectionVersion id="id_67F18AD2-1BCF-485F-96F2-4E4A7EBE4D79"> <ns0:Content> <html:p>A local agency shall provide a copy of this chapter to any person elected or appointed to serve as a member of a legislative body of the local agency.</html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_5454C1A2-5E95-4173-86A9-35E15E34333C"> <ns0:Num>SEC. 4.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as amended by Stats. 2022, Ch. 285, Sec. 2) by Stats. 2023, Ch. 534, Sec. 2. [id_10cff82f-8565-11ee-bcfe-9f16e66157a6]" ns3:type="locator"> Section 54953 of the <ns0:DocName>Government Code</ns0:DocName> , as amended by Section 2 of Chapter 534 of the Statutes of 2023, is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_5C2A3EC1-49C9-42B3-B3E1-23B9AA796758"> <ns0:Num>54953.</ns0:Num> <ns0:LawSectionVersion id="id_34E87347-0548-475D-8C5D-F28E7B6EB56D"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. </html:p> <html:p> (b) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. </html:p> <html:p> (2) <html:span class="EnSpace"/> Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> All votes taken during a teleconferenced meeting shall be by rollcall. </html:p> <html:p> (B) <html:span class="EnSpace"/> The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. </html:p> <html:p> (C) <html:span class="EnSpace"/> The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. </html:p> <html:p> (D) <html:span class="EnSpace"/> The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. </html:p> <html:p> (3) <html:span class="EnSpace"/> If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as expressly provided in this chapter. </html:p> <html:p> (4) <html:span class="EnSpace"/> The teleconferencing requirements of this subdivision shall not apply to remote participation described in subdivision (c). </html:p> <html:p> (c) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Nothing in this chapter shall be construed to prohibit a member of a legislative body with a disability from participating in any meeting of the legislative body by remote participation as a reasonable accommodation pursuant to any applicable law. </html:p> <html:p> (2) <html:span class="EnSpace"/> A member of a legislative body participating in a meeting by remote participation pursuant to this subdivision shall do both of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> The member shall participate through both audio and visual technology, except that any member with a disability, as defined in Section 12102 of Title 42 of the United States Code, may participate only through audio technology if a physical condition related to their disability results in a need to participate off camera. </html:p> <html:p> (B) <html:span class="EnSpace"/> The member shall disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any of those individuals. </html:p> <html:p> (3) <html:span class="EnSpace"/> Remote participation under this subdivision shall be treated as in-person attendance at the physical meeting location for all purposes, including any requirement that a quorum of the legislative body participate from any particular location. The provisions of subdivision (b) and Sections 54953.8 to 54953.8.7, inclusive, shall not apply to remote participation under this subdivision. </html:p> <html:p> (d) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> No legislative body shall take action by secret ballot, whether preliminary or final. </html:p> <html:p> (2) <html:span class="EnSpace"/> The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. </html:p> <html:p> (3) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of either of the following during the open meeting in which the final action is to be taken: </html:p> <html:p> (i) <html:span class="EnSpace"/> A local agency executive, as defined in subdivision (d) of Section 3511.1. </html:p> <html:p> (ii) <html:span class="EnSpace"/> A department head or other similar administrative officer of the local agency. </html:p> <html:p> (B) <html:span class="EnSpace"/> This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. </html:p> <html:p> (e) <html:span class="EnSpace"/> For purposes of this section, both of the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Disability” means a physical disability or a mental disability as those terms are defined in Section 12926 and used in Section 12926.1, or a disability as defined in Section 12102 of Title 42 of the United States Code. </html:p> <html:p> (2) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. </html:p> <html:p> (B) <html:span class="EnSpace"/> Notwithstanding subparagraph (A), “teleconference” does not include one or more members watching or listening to a meeting via webcasting or any other similar electronic medium that does not permit members to interactively speak, discuss, or deliberate on matters. </html:p> <html:p> (3) <html:span class="EnSpace"/> “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_902DA274-70FB-427E-90FC-024A10ECD610"> <ns0:Num>SEC. 5.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.4'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.4 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_DA89ED07-CF6D-4D8C-8EE2-1B6E6FC22B8D"> <ns0:Num>54953.4.</ns0:Num> <ns0:LawSectionVersion id="id_63E2196F-1419-42ED-B67A-FFD894F0919E"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> The Legislature finds and declares that public access, including through translation of agendas as required by this section, is necessary for an informed populace. The Legislature encourages local agencies to adopt public access requirements that exceed the requirements of this chapter by translating additional languages, employing human translators, and conducting additional outreach. </html:p> <html:p> (b) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> In addition to any other applicable requirements of this chapter, a meeting held by a eligible legislative body pursuant to this chapter shall comply with both of the following requirements: </html:p> <html:p> (A) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> (I) <html:span class="EnSpace"/> (ia) <html:span class="EnSpace"/> All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the meeting location. If adequate telephonic or internet service is operational at the meeting location during only a portion of the meeting, the legislative body shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform during that portion of the meeting. </html:p> <html:p> (ib) <html:span class="EnSpace"/> (Ia) <html:span class="EnSpace"/> On or before July 1, 2026, an eligible legislative body shall approve at a noticed public meeting in open session, not on the consent calendar, a policy regarding disruption of telephonic or internet service occurring during meetings subject to this sub-subclause. The policy shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the service. </html:p> <html:p> (Ib) <html:span class="EnSpace"/> If a disruption of telephonic or internet service that prevents members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the eligible legislative body shall recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service. The eligible legislative body may meet in closed session during this period. The eligible legislative body shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. </html:p> <html:p> (Ic) <html:span class="EnSpace"/> Upon reconvening the open session, if telephonic or internet service has not been restored, the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made in accordance with the policy adopted pursuant to sub-sub-subclause (Ia) and that the public interest in continuing the meeting outweighs the public interest in remote public access. </html:p> <html:p> (II) <html:span class="EnSpace"/> Subclause (I) does not apply to a meeting that is held to do any of the following: </html:p> <html:p> (ia) <html:span class="EnSpace"/> Attend a judicial or administrative proceeding to which the local agency is a party. </html:p> <html:p> (ib) <html:span class="EnSpace"/> Inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. </html:p> <html:p> (ic) <html:span class="EnSpace"/> Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. </html:p> <html:p> (id) <html:span class="EnSpace"/> Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. </html:p> <html:p> (ie) <html:span class="EnSpace"/> Meet in an emergency situation pursuant to Section 54956.5. </html:p> <html:p> (ii) <html:span class="EnSpace"/> If an eligible legislative body elects to provide a two-way audiovisual platform, the eligible legislative body shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the two-way audiovisual platform. If an eligible legislative body does not elect to provide a two-way audiovisual platform, the eligible legislative body shall provide a two-way telephonic service for the public to participate in the meeting, pursuant to subclause (I). </html:p> <html:p> (B) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> All open and public meetings for which attendance via a two-way telephonic service or a two-way audiovisual platform is provided in accordance with paragraph (1) shall provide the public with an opportunity to provide public comment in accordance with Section 54954.3 via the two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to provide public comment with the same time allotment as a person attending a meeting in person. </html:p> <html:p> (2) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> An eligible legislative body shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not disrupting to the meeting, as defined in Section 54957.95. The eligible legislative body shall publicize instructions on how to request assistance under this subdivision. Assistance may include any of the following, as determined by the eligible legislative body: </html:p> <html:p> (i) <html:span class="EnSpace"/> Arranging space for one or more interpreters at the meeting location. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Allowing extra time during the meeting for interpretation to occur. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services. </html:p> <html:p> (B) <html:span class="EnSpace"/> This section does not require an eligible legislative body to provide interpretation of any public meeting, however, an eligible legislative body may elect to provide interpretation of any public meeting. </html:p> <html:p> (C) <html:span class="EnSpace"/> The eligible legislative body is not responsible for the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision. An action shall not be commenced or maintained against the eligible legislative body arising from the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision. </html:p> <html:p> (3) <html:span class="EnSpace"/> An eligible legislative body shall take the following actions to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings: </html:p> <html:p> (A) <html:span class="EnSpace"/> Have in place a system for electronically accepting and fulfilling requests for meeting agendas and documents pursuant to Section 54954.1 through email or through an integrated agenda management platform. Information about how to make a request using this system shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. </html:p> <html:p> (B) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> Create and maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information: </html:p> <html:p> (I) <html:span class="EnSpace"/> A general explanation of the public meeting process for the eligible legislative body. </html:p> <html:p> (II) <html:span class="EnSpace"/> An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment. </html:p> <html:p> (III) <html:span class="EnSpace"/> A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting. </html:p> <html:p> (IV) <html:span class="EnSpace"/> The agenda posted online pursuant to paragraph (2) of subdivision (a) of Section 54954.2. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The eligible legislative body shall include a link to the webpage required by subparagraph (A) on the home page of the eligible legislative body’s internet website. </html:p> <html:p> (C) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> Make reasonable efforts, as determined by the legislative body, to invite groups that do not traditionally participate in public meetings to attend those meetings, which may include, but are not limited to, all the following: </html:p> <html:p> (I) <html:span class="EnSpace"/> Media organizations that provide news coverage in the jurisdiction of the eligible legislative body, including media organizations that serve non-English-speaking communities. </html:p> <html:p> (II) <html:span class="EnSpace"/> Good government, civil rights, civic engagement, neighborhood, and community group organizations, or similar organizations that are active in the jurisdiction of the eligible legislative body, including organizations active in non-English-speaking communities. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Legislative bodies shall have broad discretion in the choice of reasonable efforts they make under this subparagraph. No action shall be commenced or maintained against an eligible legislative body arising from failing to provide public meeting information to any specific group pursuant to this subparagraph. </html:p> <html:p> (c) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> The agenda for each meeting of an eligible legislative body shall be translated into all applicable languages, and each translation shall be posted in accordance with Section 54954.2. Each translation shall include instructions in the applicable language describing how to join the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment. </html:p> <html:p> (B) <html:span class="EnSpace"/> The accessible internet webpage provided under subparagraph (B) of paragraph (3) of subdivision (b) shall be translated into all applicable languages, and each translation shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. </html:p> <html:p> (2) <html:span class="EnSpace"/> A translation made using a digital translation service shall satisfy the requirements of paragraph (1). </html:p> <html:p> (3) <html:span class="EnSpace"/> The eligible legislative body shall make available a physical location that is freely accessible to the public in reasonable proximity to the physical location in which the agenda and translations are posted as described in paragraph (1), and shall allow members of the public to post additional translations of the agenda in that location. </html:p> <html:p> (4) <html:span class="EnSpace"/> The eligible legislative body is not responsible for the content or accuracy of any translation provided pursuant to this subdivision. No action shall be commenced or maintained against an eligible legislative body arising from the content, accuracy, posting, or removal of any translation provided by the eligible legislative body or posted by any person pursuant to this subdivision. </html:p> <html:p> (5) <html:span class="EnSpace"/> For the purposes of this section, the agenda does not include the entire agenda packet. </html:p> <html:p> (d) <html:span class="EnSpace"/> This section shall not be construed to affect or supersede any other applicable civil rights, nondiscrimination, or public access laws. </html:p> <html:p> (e) <html:span class="EnSpace"/> For purposes of this section, all of the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> “Applicable languages” means languages, according to data from the most recent American Community Survey, spoken jointly by 20 percent or more of the applicable population, provided that 20 percent or more of the population that speaks that language in that city or county speaks English less than “very well.” </html:p> <html:p> (B) <html:span class="EnSpace"/> For the purposes of subparagraph (A), the applicable population shall be determined as follows: </html:p> <html:p> (i) <html:span class="EnSpace"/> For an eligible legislative body that is a city council or county board of supervisors, the applicable population shall be the population of the city or county. </html:p> <html:p> (ii) <html:span class="EnSpace"/> For an eligible legislative body of a special district, the applicable population shall be either of the following, at the discretion of the board of directors of the special district: </html:p> <html:p> (I) <html:span class="EnSpace"/> The population of the county with the greatest population within the boundaries of the special district. </html:p> <html:p> (II) <html:span class="EnSpace"/> The population of the service area of the special district, if the special district has the data to determine what languages spoken by the population within its service area meet the requirements of paragraph (A). </html:p> <html:p> (C) <html:span class="EnSpace"/> If more than three languages meet the criteria set forth in subparagraph (A), “applicable languages” shall mean the three languages described in subparagraph (A) that are spoken by the largest percentage of the population. </html:p> <html:p> (D) <html:span class="EnSpace"/> An eligible legislative body may elect to determine the applicable languages based upon a source other than the most recent American Community Survey if it makes a finding, based upon substantial evidence, that the other source provides equally or more reliable data for the territory over which the eligible legislative body exercises jurisdiction. </html:p> <html:p> (2) <html:span class="EnSpace"/> “Eligible legislative body” means any of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> A city council of a city with a population of 30,000 or more. </html:p> <html:p> (B) <html:span class="EnSpace"/> A county board of supervisors of a county, or city and county, with a population of 30,000 or more. </html:p> <html:p> (C) <html:span class="EnSpace"/> A city council of a city located in a county with a population of 600,000 or more. </html:p> <html:p> (D) <html:span class="EnSpace"/> The board of directors of a special district that has an internet website and meets any of the following conditions: </html:p> <html:p> (i) <html:span class="EnSpace"/> The boundaries of the special district include the entirety of a county with a population of 600,000 or more, and the special district has over 200 full-time equivalent employees. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The special district has over 1,000 full-time equivalent employees. </html:p> <html:p> (iii) <html:span class="EnSpace"/> The special district has annual revenues, based on the most recent Financial Transaction Report data published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for inflation commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year, and the special district employs over 200 full-time equivalent employees. </html:p> <html:p> (3) <html:span class="EnSpace"/> “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. </html:p> <html:p> (4) <html:span class="EnSpace"/> “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. </html:p> <html:p> (f) <html:span class="EnSpace"/> This section shall become operative on July 1, 2026. </html:p> <html:p> (g) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2030, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_8E0875A8-A4F9-4696-9426-7C314DEA82F1"> <ns0:Num>SEC. 6.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.5 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_A895DDA8-365F-4C87-8EBF-EAAA0413704D"> <ns0:Num>54953.5.</ns0:Num> <ns0:LawSectionVersion id="id_9E055E11-3940-4174-A7AD-5886F397C42F"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. </html:p> <html:p> (b) <html:span class="EnSpace"/> Any recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_5DEF3C52-AD02-4640-8EB9-9828FB13EEAB"> <ns0:Num>SEC. 7.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.7.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.7 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_8307C232-3AFA-4FB0-9368-C2FFB89C25DF"> <ns0:Num>54953.7.</ns0:Num> <ns0:LawSectionVersion id="id_02C3AD62-E7DD-45EB-8F39-1D76FFCE3B9E"> <ns0:Content> <html:p>Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose those requirements on appointed legislative bodies of the local agency.</html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_89546CEE-EC45-404B-8960-AEEFE36DE3E2"> <ns0:Num>SEC. 8.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.8.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.8 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_3EBF35E0-65B9-4FB3-896C-AA750BA042C5"> <ns0:Num>54953.8.</ns0:Num> <ns0:LawSectionVersion id="id_D1251A6B-CA35-40B0-A7CB-45D9DB84641E"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive. </html:p> <html:p> (b) <html:span class="EnSpace"/> A legislative body that holds a teleconference meeting pursuant to this section shall, in addition to any other applicable requirements of this chapter, comply with all of the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body: </html:p> <html:p> (A) <html:span class="EnSpace"/> A two-way audiovisual platform. </html:p> <html:p> (B) <html:span class="EnSpace"/> A two-way telephonic service and a live webcasting of the meeting. </html:p> <html:p> (2) <html:span class="EnSpace"/> In each instance in which notice of the time of the teleconference meeting held pursuant to this section is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. </html:p> <html:p> (3) <html:span class="EnSpace"/> In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. </html:p> <html:p> (4) <html:span class="EnSpace"/> The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. </html:p> <html:p> (5) <html:span class="EnSpace"/> Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. </html:p> <html:p> (6) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. </html:p> <html:p> (B) <html:span class="EnSpace"/> A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. </html:p> <html:p> (C) <html:span class="EnSpace"/> A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to paragraph (5), until the timed general public comment period has elapsed. </html:p> <html:p> (7) <html:span class="EnSpace"/> Any member of the legislative body who participates in a teleconference meeting from a remote location pursuant to this section and the specific provision of law that the member relied upon to permit their participation by teleconferencing shall be listed in the minutes of the meeting. </html:p> <html:p> (8) <html:span class="EnSpace"/> The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. </html:p> <html:p> (9) <html:span class="EnSpace"/> The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. </html:p> <html:p> (c) <html:span class="EnSpace"/> A local agency shall identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings. </html:p> <html:p> (d) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. </html:p> <html:p> (2) <html:span class="EnSpace"/> Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means. </html:p> <html:p> (e) <html:span class="EnSpace"/> A member of a legislative body who participates in a teleconference meeting from a remote location pursuant to this section shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with those individuals. </html:p> <html:p> (f) <html:span class="EnSpace"/> The teleconferencing provisions described in Section 54953 and Sections 54953.8.1 to 54953.8.7, inclusive, are cumulative. A legislative body may elect to use any teleconferencing provisions that are applicable to a meeting, regardless of whether any other teleconferencing provisions would also be applicable to that meeting. </html:p> <html:p> (g) <html:span class="EnSpace"/> For purposes of this section, the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. </html:p> <html:p> (2) <html:span class="EnSpace"/> “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. </html:p> <html:p> (3) <html:span class="EnSpace"/> “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. </html:p> <html:p> (4) <html:span class="EnSpace"/> “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. </html:p> <html:p> (5) <html:span class="EnSpace"/> “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_75E9F075-379D-42B3-8053-2C770CF8A480"> <ns0:Num>SEC. 9.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.8.1'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.8.1 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_A4B085AE-76E1-44E1-81D8-2B7740D181B7"> <ns0:Num>54953.8.1.</ns0:Num> <ns0:LawSectionVersion id="id_74EEA3EB-7B3A-4FE1-BF00-C07208E4B99A"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section. </html:p> <html:p> (b) <html:span class="EnSpace"/> Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. </html:p> <html:p> (c) <html:span class="EnSpace"/> For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_1CE4CE59-8C91-4BA3-B605-62732D473853"> <ns0:Num>SEC. 10.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.8.2'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.8.2 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_D7359622-03A7-4766-B88A-A2A13B19462F"> <ns0:Num>54953.8.2.</ns0:Num> <ns0:LawSectionVersion id="id_B8E9A2BA-04D2-4F73-AB58-6FF1158578BF"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances: </html:p> <html:p> (1) <html:span class="EnSpace"/> For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. </html:p> <html:p> (2) <html:span class="EnSpace"/> After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. </html:p> <html:p> (b) <html:span class="EnSpace"/> If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote: </html:p> <html:p> (1) <html:span class="EnSpace"/> The legislative body has reconsidered the circumstances of the state of emergency or local emergency. </html:p> <html:p> (2) <html:span class="EnSpace"/> The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person. </html:p> <html:p> (c) <html:span class="EnSpace"/> This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. </html:p> <html:p> (d) <html:span class="EnSpace"/> Notwithstanding paragraph (1) of subdivision (b) of Section 54953.8, a legislative body conducting a teleconference meeting pursuant to this section may elect to use a two-way telephonic service without a live webcasting of the meeting. </html:p> <html:p> (e) <html:span class="EnSpace"/> For purposes of this section, the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Local emergency” means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the boundaries of the territory over which the local agency exercises jurisdiction. </html:p> <html:p> (2) <html:span class="EnSpace"/> “State of emergency” means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_F8737FA9-6765-459E-A44B-8594D233EA56"> <ns0:Num>SEC. 11.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.8.3'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.8.3 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_81FB28EA-3AC8-41BF-825F-3A16BE736B34"> <ns0:Num>54953.8.3.</ns0:Num> <ns0:LawSectionVersion id="id_AD95374B-A730-410B-A390-765B48BF4EE5"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements: </html:p> <html:p> (1) <html:span class="EnSpace"/> A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. </html:p> <html:p> (2) <html:span class="EnSpace"/> The member shall participate through both audio and visual technology. </html:p> <html:p> (3) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for just cause for more than the following number of meetings, as applicable: </html:p> <html:p> (i) <html:span class="EnSpace"/> Two meetings per year, if the legislative body regularly meets once per month or less. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Five meetings per year, if the legislative body regularly meets twice per month. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Seven meetings per year, if the legislative body regularly meets three or more times per month. </html:p> <html:p> (B) <html:span class="EnSpace"/> For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. </html:p> <html:p> (b) <html:span class="EnSpace"/> The minutes for the meeting shall identify the specific provision in subdivision (c) that each member relied upon to participate remotely. This subdivision shall not be construed to require the member to disclose any medical diagnosis or disability, or any personal medical information that is otherwise exempt under existing law, including, but not limited to, the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). </html:p> <html:p> (c) <html:span class="EnSpace"/> For purposes of this section, “just cause” means any of the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. </html:p> <html:p> (2) <html:span class="EnSpace"/> A contagious illness that prevents a member from attending in person. </html:p> <html:p> (3) <html:span class="EnSpace"/> A need related to a physical or mental condition that is not subject to subdivision (c) of Section 54953. </html:p> <html:p> (4) <html:span class="EnSpace"/> Travel while on official business of the legislative body or another state or local agency. </html:p> <html:p> (5) <html:span class="EnSpace"/> An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely. </html:p> <html:p> (6) <html:span class="EnSpace"/> A physical or family medical emergency that prevents a member from attending in person. </html:p> <html:p> (7) <html:span class="EnSpace"/> Military service obligations that result in a member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency. </html:p> <html:p> (d) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2030, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_5E1F3473-E276-4C81-A7BE-CA3BCF64FDDA"> <ns0:Num>SEC. 12.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.8.4'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.8.4 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_A0C6A19B-5120-4A15-84B5-1E96D2CF513F"> <ns0:Num>54953.8.4.</ns0:Num> <ns0:LawSectionVersion id="id_D019BCDF-AFAF-44C6-BC11-7E04C710D72F"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred: </html:p> <html:p> (1) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting. </html:p> <html:p> (B) <html:span class="EnSpace"/> If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so. </html:p> <html:p> (C) <html:span class="EnSpace"/> Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section. </html:p> <html:p> (2) <html:span class="EnSpace"/> After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. </html:p> <html:p> (B) <html:span class="EnSpace"/> At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council. </html:p> <html:p> (3) <html:span class="EnSpace"/> If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. </html:p> <html:p> (4) <html:span class="EnSpace"/> If the meeting is outside regular business hours, the eligible neighborhood council shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. </html:p> <html:p> (b) <html:span class="EnSpace"/> For purposes of this section, the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. </html:p> <html:p> (2) <html:span class="EnSpace"/> “Eligible neighborhood council” means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter. </html:p> <html:p> (c) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2030, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_2412CCFD-2A19-4B8B-8CB3-738DAF99E535"> <ns0:Num>SEC. 13.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.8.5'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.8.5 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_8ACBE452-95F9-4BC9-B6BD-52FE48FB65EA"> <ns0:Num>54953.8.5.</ns0:Num> <ns0:LawSectionVersion id="id_F72F425F-F6C8-4700-96F1-6338328FD955"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> An eligible community college student organization may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements: </html:p> <html:p> (1) <html:span class="EnSpace"/> An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred: </html:p> <html:p> (A) <html:span class="EnSpace"/> The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting. </html:p> <html:p> (B) <html:span class="EnSpace"/> If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so. </html:p> <html:p> (C) <html:span class="EnSpace"/> Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. </html:p> <html:p> (D) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> Except as specified in clause (ii), at least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The requirements described in clause (i) shall not apply to the California Online Community College. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria: </html:p> <html:p> (I) <html:span class="EnSpace"/> The person is under 18 years of age. </html:p> <html:p> (II) <html:span class="EnSpace"/> The person is incarcerated. </html:p> <html:p> (III) <html:span class="EnSpace"/> The person is unable to disclose the location that they are participating from because of either of the following circumstances: </html:p> <html:p> (ia) <html:span class="EnSpace"/> The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order. </html:p> <html:p> (ib) <html:span class="EnSpace"/> The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program. </html:p> <html:p> (IV) <html:span class="EnSpace"/> The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, “child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms are defined in Section 12945.2. </html:p> <html:p> (2) <html:span class="EnSpace"/> An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable: </html:p> <html:p> (A) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> Except as specified in subparagraph (B), if the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Except as specified in subparagraph (B), if the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, “accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting. </html:p> <html:p> (B) <html:span class="EnSpace"/> The requirements described in subparagraph (A) shall not apply to the California Online Community College. </html:p> <html:p> (b) <html:span class="EnSpace"/> For purposes of this section, “eligible community college student organization” means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter, that is in any community college recognized within the California Community Colleges system and includes the Student Senate for California Community Colleges. </html:p> <html:p> (c) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2030, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_7529E043-E2C7-428D-B2A3-7B229963F9A2"> <ns0:Num>SEC. 14.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.8.6'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.8.6 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_067DBBAC-30CF-456F-AF4A-B04DDFB6DBFA"> <ns0:Num>54953.8.6.</ns0:Num> <ns0:LawSectionVersion id="id_725AD67C-046C-4ECA-95DF-46D932618578"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements: </html:p> <html:p> (1) <html:span class="EnSpace"/> The eligible subsidiary body shall designate one physical meeting location within the boundaries of the legislative body that created the eligible subsidiary body where members of the subsidiary body who are not participating remotely shall be present and members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the eligible subsidiary body or the legislative body that created the eligible subsidiary body shall be present at the physical meeting location during the meeting. The eligible subsidiary body shall post the agenda at the physical meeting location, but need not post the agenda at a remote location. </html:p> <html:p> (2) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> A member of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, except if the member has a physical or mental condition not subject to subdivision (c) of Section 54953 that results in a need to participate off camera. </html:p> <html:p> (B) <html:span class="EnSpace"/> The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically infeasible, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video. </html:p> <html:p> (C) <html:span class="EnSpace"/> If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance prior to turning off their camera. </html:p> <html:p> (3) <html:span class="EnSpace"/> An elected official serving as a member of an eligible subsidiary body in their official capacity shall not participate in a meeting of the eligible subsidiary body by teleconferencing pursuant to this section unless the use of teleconferencing complies with the requirements of paragraph (3) of subdivision (b) of Section 54953. </html:p> <html:p> (4) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every six months thereafter: </html:p> <html:p> (i) <html:span class="EnSpace"/> The legislative body has considered the circumstances of the eligible subsidiary body. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body, and the public has been made aware of the type of remote participation, including audio-visual or telephonic, that will be made available at a regularly scheduled meeting and has been provided the opportunity to comment at an in-person meeting of the legislative body authorizing the subsidiary body to meet entirely remotely. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members. </html:p> <html:p> (B) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> An eligible subsidiary body authorized to use teleconferencing pursuant to this section may request to present any recommendations it develops to the legislative body that created it. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Upon receiving a request described in clause (i), the legislative body that created the subsidiary body shall hold a discussion at a regular meeting held within 60 days after the legislative body receives the request, or if the legislative body does not have another regular meeting scheduled within 60 days after the legislative body receives the request, at the next regular meeting after the request is received. </html:p> <html:p> (iii) <html:span class="EnSpace"/> The discussion required by clause (ii) shall not be placed on a consent calendar, but may be combined with the legislative body’s subsequent consideration of the findings described in subparagraph (A) for the following 12 months. </html:p> <html:p> (iv) <html:span class="EnSpace"/> The legislative body shall not take any action on any recommendations included in the report of a subsidiary body until the next regular meeting of the legislative body following the discussion described in clause (ii). </html:p> <html:p> (C) <html:span class="EnSpace"/> After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section. </html:p> <html:p> (D) <html:span class="EnSpace"/> The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant to this section at any time. </html:p> <html:p> (b) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> For purposes of this section, “eligible subsidiary body” means a legislative body that meets all of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> Is described in subdivision (b) of Section 54952. </html:p> <html:p> (B) <html:span class="EnSpace"/> Serves exclusively in an advisory capacity. </html:p> <html:p> (C) <html:span class="EnSpace"/> Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds. </html:p> <html:p> (D) <html:span class="EnSpace"/> Does not have primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals. </html:p> <html:p> (2) <html:span class="EnSpace"/> An eligible subsidiary body may include members who are elected officials, members who are not elected officials, or any combination thereof. </html:p> <html:p> (c) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2030, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_C0C1F965-57E0-49E8-B63B-1C02D724DFD3"> <ns0:Num>SEC. 15.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54953.8.7'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54953.8.7 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_333E4F0D-36EF-4DE5-8F0D-F9E3CAD9A78A"> <ns0:Num>54953.8.7.</ns0:Num> <ns0:LawSectionVersion id="id_FF44BBC3-7464-4C5C-9B39-D54C87E49C27"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements: </html:p> <html:p> (1) <html:span class="EnSpace"/> The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session. </html:p> <html:p> (2) <html:span class="EnSpace"/> At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction. </html:p> <html:p> (3) <html:span class="EnSpace"/> A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, “compensation” does not include reimbursement for actual and necessary expenses. </html:p> <html:p> (4) <html:span class="EnSpace"/> A member of the eligible multijurisdictional body may participate from a remote location provided that: </html:p> <html:p> (A) <html:span class="EnSpace"/> The eligible multijurisdictional body identifies each member of the eligible multijurisdictional body who plans to participate remotely in the agenda. </html:p> <html:p> (B) <html:span class="EnSpace"/> The member shall participate through both audio and visual technology. </html:p> <html:p> (5) <html:span class="EnSpace"/> A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles each way from any physical location of the meeting described in paragraph (2). </html:p> <html:p> (6) <html:span class="EnSpace"/> The provisions of this section shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable: </html:p> <html:p> (A) <html:span class="EnSpace"/> Two meetings per year, if the legislative body regularly meets once per month or less. </html:p> <html:p> (B) <html:span class="EnSpace"/> Five meetings per year, if the legislative body regularly meets twice per month. </html:p> <html:p> (C) <html:span class="EnSpace"/> Seven meetings per year, if the legislative body regularly meets three or more times per month. </html:p> <html:p> (D) <html:span class="EnSpace"/> For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day. </html:p> <html:p> (b) <html:span class="EnSpace"/> For the purposes of this section, both of the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Eligible multijurisdictional body” means a multijurisdictional board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter. </html:p> <html:p> (2) <html:span class="EnSpace"/> “Multijurisdictional” means either of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> A legislative body that includes representatives from more than one county, city, city and county, or special district. </html:p> <html:p> (B) <html:span class="EnSpace"/> A legislative body of a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. </html:p> <html:p> (c) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2030, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_798FCCC6-4FCF-472D-AB52-78CB61A66B1B"> <ns0:Num>SEC. 16.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54954.2.'%20and%20.%2F*%2F%40id%3D'id_1becd173-8565-11ee-bcfe-9f16e66157a6'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended (as added by Stats. 2022, Ch. 285, Sec. 5) by Stats. 2023, Ch. 131, Sec. 92. [id_1becd173-8565-11ee-bcfe-9f16e66157a6]" ns3:type="locator"> Section 54954.2 of the <ns0:DocName>Government Code</ns0:DocName> , as amended by Section 92 of Chapter 131 of the Statutes of 2023, is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_F5724823-5510-400C-8663-29A573D09BFD"> <ns0:Num>54954.2.</ns0:Num> <ns0:LawSectionVersion id="id_55F25029-69C8-4AC8-B5E4-FF4B858EE7A9"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements: </html:p> <html:p> (A) <html:span class="EnSpace"/> The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. </html:p> <html:p> (B) <html:span class="EnSpace"/> The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s internet website, if the local agency has one. </html:p> <html:p> (C) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. </html:p> <html:p> (2) <html:span class="EnSpace"/> For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply: </html:p> <html:p> (A) <html:span class="EnSpace"/> An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. </html:p> <html:p> (B) <html:span class="EnSpace"/> An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements: </html:p> <html:p> (i) <html:span class="EnSpace"/> Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Platform independent and machine readable. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. </html:p> <html:p> (C) <html:span class="EnSpace"/> A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: </html:p> <html:p> (i) <html:span class="EnSpace"/> A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. </html:p> <html:p> (iii) <html:span class="EnSpace"/> The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. </html:p> <html:p> (iv) <html:span class="EnSpace"/> All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). </html:p> <html:p> (D) <html:span class="EnSpace"/> The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state. </html:p> <html:p> (E) <html:span class="EnSpace"/> For purposes of this paragraph, both of the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Integrated agenda management platform” means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. </html:p> <html:p> (2) <html:span class="EnSpace"/> “Legislative body” means a legislative body that meets the definition of subdivision (a) of Section 54952. </html:p> <html:p> (3) <html:span class="EnSpace"/> No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. </html:p> <html:p> (b) <html:span class="EnSpace"/> Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. </html:p> <html:p> (1) <html:span class="EnSpace"/> Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. </html:p> <html:p> (2) <html:span class="EnSpace"/> Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). </html:p> <html:p> (3) <html:span class="EnSpace"/> The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. </html:p> <html:p> (c) <html:span class="EnSpace"/> This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. </html:p> <html:p> (d) <html:span class="EnSpace"/> For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: </html:p> <html:p> (1) <html:span class="EnSpace"/> A legislative body as that term is defined by subdivision (a) of Section 54952. </html:p> <html:p> (2) <html:span class="EnSpace"/> A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_C2421E42-CFE9-41BF-8ED1-632505B43219"> <ns0:Num>SEC. 17.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54954.3.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54954.3 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_17BC5144-44A6-47FD-A68C-84429E40AF86"> <ns0:Num>54954.3.</ns0:Num> <ns0:LawSectionVersion id="id_4EFC6605-401D-400C-B4CD-813F274CC8C5"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. </html:p> <html:p> (2) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> Notwithstanding paragraph (1), the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee’s consideration of the item. </html:p> <html:p> (B) <html:span class="EnSpace"/> Subparagraph (A) shall not apply if any of the following conditions are met: </html:p> <html:p> (i) <html:span class="EnSpace"/> The item has been substantially changed since the committee heard the item, as determined by the legislative body. </html:p> <html:p> (ii) <html:span class="EnSpace"/> When considering the item, a quorum of the committee members did not participate from a singular physical location, that was clearly identified on the agenda, open to the public, and situated within the boundaries of the territory over which the local agency exercises jurisdiction. </html:p> <html:p> (iii) <html:span class="EnSpace"/> The committee has primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals. This clause shall not apply to an item if the local agency has adopted a law applicable to the meeting of the committee at which the item that was considered prohibits the committee from placing a limit on the total amount of time for public comment on the item. </html:p> <html:p> (3) <html:span class="EnSpace"/> Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. </html:p> <html:p> (b) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. </html:p> <html:p> (2) <html:span class="EnSpace"/> Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. </html:p> <html:p> (3) <html:span class="EnSpace"/> Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. </html:p> <html:p> (c) <html:span class="EnSpace"/> The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_458E536D-7CAB-48CA-8136-74324A1F8D2C"> <ns0:Num>SEC. 18.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54956.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54956 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_D8DEDCDB-0B0A-407D-9519-694B549E5558"> <ns0:Num>54956.</ns0:Num> <ns0:LawSectionVersion id="id_0C060336-7C71-4C2D-8545-B177578C1055"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency’s internet website, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telephone or electronic mail. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. </html:p> <html:p> (2) <html:span class="EnSpace"/> The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. </html:p> <html:p> (b) <html:span class="EnSpace"/> Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of the legislative body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency’s budget. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_193C2ED7-3E90-4690-824C-A9AE16A74CFD"> <ns0:Num>SEC. 19.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54956.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54956.5 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_C27E88F9-9E08-4B31-BCC1-185324A3B4FB"> <ns0:Num>54956.5.</ns0:Num> <ns0:LawSectionVersion id="id_B9730BCF-EC69-424C-ABD2-1CC5088D67B9"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> For purposes of this section, “emergency situation” means both of the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. </html:p> <html:p> (2) <html:span class="EnSpace"/> A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. </html:p> <html:p> (b) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements. </html:p> <html:p> (2) <html:span class="EnSpace"/> Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. </html:p> <html:p> (A) <html:span class="EnSpace"/> Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. </html:p> <html:p> (B) <html:span class="EnSpace"/> For an emergency meeting held pursuant to this section, the presiding officer of the legislative body, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. </html:p> <html:p> (c) <html:span class="EnSpace"/> During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. </html:p> <html:p> (d) <html:span class="EnSpace"/> All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. </html:p> <html:p> (e) <html:span class="EnSpace"/> The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_E1B15A0A-E6E1-498D-A626-DAECD8E1C68A"> <ns0:Num>SEC. 20.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54957.6.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54957.6 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_0F44BE89-CB4E-4E81-A561-3510AD1586B4"> <ns0:Num>54957.6.</ns0:Num> <ns0:LawSectionVersion id="id_27FB77B9-0606-439C-8ABB-5928C6861CF4"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation, subject to all of the following conditions: </html:p> <html:p> (1) <html:span class="EnSpace"/> Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. </html:p> <html:p> (2) <html:span class="EnSpace"/> The closed session shall be for the purpose of reviewing its position and instructing the local agency’s designated representatives. </html:p> <html:p> (3) <html:span class="EnSpace"/> The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. </html:p> <html:p> (4) <html:span class="EnSpace"/> Any closed session with the local agency’s designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency’s available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency’s designated representative. </html:p> <html:p> (5) <html:span class="EnSpace"/> The closed session shall not include final action on the proposed compensation of one or more unrepresented employees. </html:p> <html:p> (6) <html:span class="EnSpace"/> For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. </html:p> <html:p> (b) <html:span class="EnSpace"/> For the purposes of this section, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_340BDCD6-8D2B-41BD-BDDC-7D1D77D62551"> <ns0:Num>SEC. 21.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54957.9.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54957.9 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_EE500142-ECB3-4C1D-865D-74AB0332C509"> <ns0:Num>54957.9.</ns0:Num> <ns0:LawSectionVersion id="id_EEE6F61F-78CB-4802-BD40-A5DE3FE18BCA"> <ns0:Content> <html:p>In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.</html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_47097EDB-8688-45AC-88B5-FF14FB84C006"> <ns0:Num>SEC. 22.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54957.95.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54957.95 of the <ns0:DocName>Government Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_7DC93A9E-8836-49C8-A890-ED59916B6DEE"> <ns0:Num>54957.95.</ns0:Num> <ns0:LawSectionVersion id="id_04C45E7F-7755-48E3-BD5A-6CC2FDFFDC8A"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting, including any teleconferenced meeting. </html:p> <html:p> (2) <html:span class="EnSpace"/> Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b). </html:p> <html:p> (b) <html:span class="EnSpace"/> As used in this section: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. </html:p> <html:p> (B) <html:span class="EnSpace"/> Engaging in behavior that constitutes use of force or a true threat of force. </html:p> <html:p> (2) <html:span class="EnSpace"/> “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_C2DBDDA8-227A-4A5B-BD80-099D58BD213D"> <ns0:Num>SEC. 23.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'54957.96'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 54957.96 is added to the <ns0:DocName>Government Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_30A0078B-4075-4386-9D59-4BC516EC7C40"> <ns0:Num>54957.96.</ns0:Num> <ns0:LawSectionVersion id="id_5E90F8A3-3555-45C3-BDA3-58417B96A8D1"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> The existing authority of a legislative body or its presiding officer to remove or limit participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including existing limitations upon that authority, shall apply to members of the public participating in a meeting via a two-way telephonic service or a two-way audiovisual platform. </html:p> <html:p> (b) <html:span class="EnSpace"/> For purposes of this section, the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. </html:p> <html:p> (2) <html:span class="EnSpace"/> “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_AC31182A-3EEA-456F-9E53-62978A60009B"> <ns0:Num>SEC. 24.</ns0:Num> <ns0:Content> <html:p>The Legislature finds and declares that Section 4 of this act, which amends Section 54953 of, Section 5 of this act, which adds Section 54953.4 to, Sections 8 to 15, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to, Section 19 of this act, which amends Section 54956.5 of, Section 22 of this act, which amends Section 54957.95 of, and Section 23 of this act, which adds Section 54957.96 to, the Government Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:</html:p> <html:p> (a) <html:span class="EnSpace"/> This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies. </html:p> <html:p> (b) <html:span class="EnSpace"/> This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings. </html:p> <html:p> (c) <html:span class="EnSpace"/> This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. </html:p> <html:p> (d) <html:span class="EnSpace"/> The exclusively virtual nature of the California Online Community College presents unique barriers to the requirements for an in-person quorum, a physical location for public participation, and certain accommodations. Participating students of the online community college come from all across the state and necessitating travel for these requirements would pose a significant and exclusionary barrier. </html:p> </ns0:Content> </ns0:BillSection> <ns0:BillSection id="id_120A6DDF-4B14-43FC-A2FC-B077B8876DBB"> <ns0:Num>SEC. 25.</ns0:Num> <ns0:Content> <html:p>The Legislature finds and declares that Sections 1 and 2 of this act, which amend and repeal Section 54952.2, respectively, of, Section 3 of this act, which amends Section 54952.7 of, Section 4 of this act, which amends Section 54953 of, Section 5 of this act, which adds Section 54953.4 to, Section 6 of this act, which amends Section 54953.5 of, Section 7 of this act, which amends Section 54953.7 of, Sections 8 to 15, inclusive, of this act, which add Sections 54953.8 to 54953.8.7, respectively, to, Section 16 of this act, which amends Section 54954.2 of, Section 17 of this act, which amends Section 54954.3 of, Section 18 of this act, which amends Section 54956 of, Section 19 of this act, which amends Section 54956.5 of, Section 20 of this act, which amends Section 54957.6 of, Section 21 of this act, which amends Section 54957.9 of, Section 22 of this act, which amends Section 54957.95 of, and Section 23 of this act, which adds Section 54957.96 to, the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: </html:p> <html:p> (a) <html:span class="EnSpace"/> This act is necessary to provide opportunities for public participation in meetings of specified public agencies and to promote the recruitment and retention of members of those agencies. </html:p> <html:p> (b) <html:span class="EnSpace"/> This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in meetings. </html:p> <html:p> (c) <html:span class="EnSpace"/> This act is necessary to modernize the Ralph M. Brown Act to reflect recent technological changes that can promote greater public access to local officials. </html:p> <html:p> (d) <html:span class="EnSpace"/> The exclusively virtual nature of the California Online Community College presents unique barriers to the requirements for an in-person quorum, a physical location for public participation, and certain accommodations. Participating students of the online community college come from all across the state and necessitating travel for these requirements would pose a significant and exclusionary barrier. </html:p> </ns0:Content> </ns0:BillSection> <ns0:BillSection id="id_72A91544-9249-45F2-8622-69740AFB0134"> <ns0:Num>SEC. 26.</ns0:Num> <ns0:Content> <html:p>The Legislature finds and declares that adequate public access to meetings is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this bill would apply to all cities, including charter cities.</html:p> </ns0:Content> </ns0:BillSection> <ns0:BillSection id="id_930A592E-B3A2-4269-8D2C-A60CD69726E1"> <ns0:Num>SEC. 27.</ns0:Num> <ns0:Content> <html:p>No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.</html:p> </ns0:Content> </ns0:BillSection> </ns0:Bill> </ns0:MeasureDoc> |
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