CC - Item 4C - Consideration of Resolution No. 2022-46 Reauthorizing the Need for Teleconferencing Option for City Council and Commission Meetings Pursuant to AB 361ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER�
DATE: JULY 26, 2022
SUBJECT: CONSIDERATION OF RESOLUTION NO. 2022-46 REAUTHORIZING
THE NEED FOR TELECONFERENCING OPTION FOR CITY COUNCIL
AND COMMISSION MEETINGS PURSUANT TO ASSEMBLY BILL
NO. 361
SUMMARY
The City Council will consider reinstating provisions of Assembly Bill No. 361, providing an
alternative to the public meeting teleconferencing requirements of Government Code Section
54953(b)(3) as long as there is a state of emergency and the Legislative Body makes certain
findings regarding the state of emergency. Resolution No. 2022-46 makes the required findings
under AB 361, and if adopted, it will allow the City to reinstate teleconference accessibility for
public meetings to help mitigate the current increase in community transmission of COVID-19.
DISCUSSION
The Ralph M. Brown Act (Brown Act) allows for meetings to occur via teleconferencing subject
to certain requirements. However, to prevent and reduce the spread of COVID-19, on March 17,
2020, Governor Newsom signed Executive Order No. N-29-20 which suspended the Brown
Act's requirements for teleconferencing during the COVID-19 pandemic. As Executive Order N-
08-21 sunset on September 30, 2021, Governor Newsom signed Assembly Bill (AB) 361 on
September 16, 2021, which went into effect immediately. AB 361 provides an alternative to the
teleconferencing requirements of Government Code Section 54953(b)(3) as long as there is a
state of emergency, and the Legislative Body makes certain findings regarding the state of
emergency.
The purpose of AB 361 is to assist local agencies with continuing their operations despite facing
emergencies that pose risk to health and safety. Local agencies choosing to use these provisions
are required to do the following:
Require that the agenda provide an opportunity for the public to directly address the
legislative body pursuant to the Brown Act's other teleconferencing provisions.
AGENDA ITEM 4.0
City Council Meeting
July 26, 2022
Page 2 of 2
• Give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or
an internet-based service option.
• Stop the meeting until public access is restored if a disruption occurs while broadcasting.
• Not require comments be submitted in advance (though the legislative body may provide
that as an option) and provide the opportunity to comment in real time.
• Provide adequate time for public comment, either by establishing a timed public
comment period or by allowing a reasonable amount of time to comment.
• Periodic Findings: requires the legislative body to hold a meeting during a proclaimed
state of emergency for the purpose of determining, by majority vote, whether as a result
of the emergency, meeting in person would present imminent risk to the health or safety
of attendees. Council must make these findings no later than 30 days from the last
approved teleconferenced meeting.
AB 361 will sunset on January 1, 2024
The County of Los Angeles continues to experience an increase of community transmission of
COVID -19 cases and test positive rates. Therefore, the proposed resolution makes the required
findings under AB 361, and if adopted, it will allow the City to continue to offer teleconference
accessibility for public meetings to help mitigate the spread of COVID-19, as well as during
other state -proclaims emergencies, such as earthquakes or wildfires, where physical attendance
may present a risk.
STAFF RECOMMENDATION
That the City Council adopt Resolution No. 2022-46 authorizing the need for a teleconferencing
option in accordance with Government Code Section 54953 (AB 361) to apply for the next 30
days.
FISCAL IMPACT
There is no fiscal impact associated with the recommendation of this report.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Ericka Hernandez, City Clerk
Attachment A: Resolution No. 2022-46
Attachment B: Assembly Bill 361
Attachment A
Resolution No. 2022-46
RESOLUTION NO. 2022-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA AUTHORIZING THE
NEED FOR TELECONFERENCING OPTION FOR CITY
COUNCIL AND COMMISSION MEETINGS PURSUANT TO
ASSEMBLY BILL NO. 361 AND MAKING FINDINGS AND
DETERMINATIONS REGARDING THE SAME
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of
emergency in order to address the COVID-19 pandemic, which currently remains in effect; and
WHEREAS, on March 4, 2020, the County of Los Angeles also declared a state of emergency in
an effort to prevent the further spread of the COVID-19 through the County of Los Angeles; and
WHEREAS, on March 13, 2020, the City Manager, acting in her capacity as Director of
Emergency Services, proclaimed the existence of a local emergency due to the COVID-19
pandemic, which was ratified on the same date by the Rosemead City Council; and
WHEREAS, on March 17, 2020, to allow local government bodies to safely conduct public
meetings during the COVID-19 pandemic as well as to ensure public access to governmental
meetings, the Governor of the State of California issued Executive Orders N-25-20 and N-29-20,
which streamlined notice requirements for teleconference meetings under the Ralph M. Brown
Act; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill
361 amending Government Code § 54953 and providing alternative teleconferencing requirements
to conduct public meetings during a proclaimed state of emergency; and
WHEREAS, on October 12, 2021, City Council adopted Resolution No. 2021-45 authorizing the
Council and Commissions to meet virtually through November 12, 2021; and
WHEREAS, On January 11, 2022, City Council adopted Resolution No. 2022-03 reauthorizing
the Council and Commissions to meet virtually through February 11, 2022; and
WHEREAS, on June 28,2022, City Council adopted Resolution No. 2022-42 reauthorizing the
Council and Commissions to meet virtually through July 28, 2022; and
WHEREAS, AB 361 imposes requirements to ensure members of the public are able to attend
and participate in public meetings conducted via teleconference, including:
• Notice of the means by which members of the public may access the meeting and
offer public comment, including an opportunity for all persons to attend via a call-in option or an
internet-based service option;
• The legislative body shall take no further action on agenda items when there is a
disruption which prevents the public agency from broadcasting the meeting, or in the event of a
disruption within the local agency's control which prevents members of the public from offering
public comments, until public access is restored;
• Prohibits the legislative body from requiring public comments to be submitted in
advance of the meeting and specifies that the legislative body must provide an opportunity for
members of the public to address the legislative body and offer comments in real time;
• Prohibits the legislative body from closing the public comment period until the
public comment period has elapsed or until a reasonable amount of time has elapsed; and
WHEREAS, the City has now implemented and is in compliance with the requirements listed
above when conducting public meetings via teleconference, which are now codified in
Government Code § 54953(e); and
WHEREAS, COVID transmission in Los Angeles County remains high due to highly infectious
Omicron and Delta variants. The increase surge in community transmission of COVID-19
continues to threaten the health and lives of Rosemead residents and health officials continue to
recommend or require precautions be taken including, but not limited to, masking, limiting
prolonged interior exposure to other individuals, limiting the size of gatherings indoors, and, for
those with compromised health conditions or those without vaccines, limiting attendance at
functions indoors; and
WHEREAS, AB 361 requires the City to reconsider the circumstances of the emergency and
review whether it continues to directly impact the ability of the members to meet safely in person
every 30 days.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead does
hereby resolve, declare, determine, and order as follows:
SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated
into this Resolution as findings of the City Council.
SECTION 2. The City continues to follow safety measures in response to COVID-19 as ordered
or recommended by the Centers for Disease Control and Prevention, California Department of
Public Health, and/or County of Los Angeles, as applicable. Based upon that guidance, in person
attendance indoors at public meetings continues to present a health risk for certain segments of the
City's population, necessitating a teleconferencing option to allow for meaningful participation for
all City constituents and its elected and appointed officials.
SECTION 3. The City Council hereby resolves that, pursuant to the findings listed in this
Resolution, the City Council and the City's boards and commissions are authorized to utilize
teleconferencing accessibility to conduct public meetings pursuant to AB 361.
SECTION 4. The City staff will agendize for Council consideration no less than every 30 days
consideration of the need to continue with teleconferenced meetings as allowed by AB 361.
SECTION 5. Severability: If any section, subsection, sentence, clause, or phrase of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of
competed jurisdiction, such decision shall not affect the validity of the remaining portions of this
Resolution. The City Council hereby declares that it would have passed this Resolution and each
and every section, subsection, sentence, clause, or phrase not declare invalid or unconstitutional
without regard to whether any portion of this Resolution would be subsequently declared invalid
or unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same
shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 26`h day of July, 2022.
Sean Dang, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Ericka Hernandez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California,
do hereby certify that the foregoing City Council Resolution No. 2022-46 was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 261 day of July, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment B
Assembly Bill 361
10/7/21, 9:39 AM
Bill Text -AB -361 Open meetings: state and local agencies: teleconferences.
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17 LEGISLATIVE INFORMATION
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AB -361 Open meetings: state and local agencies: teleconferences. (2021-2022)
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Assembly Bill No. 361
CHAPTER 165
Date Published: 09/17/202109:00 PM
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section
54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings,
and declaring the urgency thereof, to take effect immediately.
Approved by Governor September 16, 2021. Filed with Secretary of State
September 16, 2021. j
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative
body of a local agency, as those terms are defined, be open and public and that all persons be permitted to
attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and
providing for the ability of the public to directly address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries
of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows
for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body
notice each teleconference location of each member that will be participating in the public meeting, that each
teleconference location be accessible to the public, that members of the public be allowed to address the
legislative body at each teleconference location, that the legislative body post an agenda at each teleconference
location, and that at least a quorum of the legislative body participate from locations within the boundaries of the
local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities,
as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to
commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that
specified actions taken by a legislative body are null and void.
Existing law, the Califomia Emergency Services Act, authorizes the Governor, or the Director of Emergency
Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the
COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are
allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency
has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with
disabilities, as specified.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with
the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency
holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials
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have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency
held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks
to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has
determined that meeting in person would present imminent risks to the health or safety of attendees, as
provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated
teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of
the public to access the meeting and address the legislative body, to give notice of the means by which members
of the public may access the meeting and offer public comment, including an opportunity for all persons to
attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that
protects the statutory and constitutional rights of the parties and the public appearing before the legislative
body. The bill would require the legislative body to take no further action on agenda items when there is a
disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within
the local agency's control which prevents members of the public from offering public comments, until public
access is restored. The bill would specify that actions taken during the disruption are subject to challenge
proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the
meeting and would specify that the legislative body must provide an opportunity for the public to address the
legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the
public comment period and the opportunity to register to provide public comment, until the public comment
period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing
state of emergency, or when state or local officials have imposed or recommended measures to promote social
distancing, the bill would require a legislative body to make specified findings not later than 30 days after the
first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter,
in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register
the person's name, or to provide other information, or to fulfill any condition precedent to the person's
attendance.
This bill would exclude from that prohibition, a registration requirement imposed by a third -party internet
website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley -Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a
state body be open and public and all persons be permitted to attend any meeting of a state body. The act
requires at least one member of the state body to be physically present at the location specified in the notice of
the meeting.
The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley -Keene Open Meeting Act
for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met,
the public members are allowed to observe and address the state body at the meeting, and that a state body has
a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with
disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a
state body to hold public meetings through teleconferencing and to make public meetings accessible
telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the
state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would
suspend certain requirements of existing law, including the requirements that each teleconference location be
accessible to the public and that members of the public be able to address the state body at each teleconference
location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the
public to observe and address the meeting telephonically or otherwise electronically would satisfy any
requirement that the state body allow members of the public to attend the meeting and offer public comment.
The bill would require that each state body that holds a meeting through teleconferencing provide notice of the
meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing
procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably
possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of
the Trustees of the California State University, and authorizes the establishment of student body organizations in
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connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body
organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body
to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any
meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a
legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to
make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking
to observe and to address the legislative body. With respect to a legislative body holding a public meeting
pursuant to these provisions, the bill would suspend certain requirements of existing law, including the
requirements that each teleconference location be accessible to the public and that members of the public be
able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a
meeting through teleconferencing and allows members of the public to observe and address the meeting
telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members
of the public to attend the meeting and offer public comment. The bill would require that each legislative body
that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.
The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound
discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as
provided.
(4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20,
to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and
future emergencies by allowing broader access through teleconferencing options.
(5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339
to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings
of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that
amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
(7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of
public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
(8) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility
requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public
seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all
requirements in this article requiring the physical presence of members, the clerk or other personnel of the
legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby
suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the
following requirements in this article are suspended:
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(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be
identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public.
(C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the
meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe
and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility
requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow
members of the public to attend the meeting and offer public comment. A legislative body need not make
available any physical location from which members of the public may observe the meeting and offer public
comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members
of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body
shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or
accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et sec.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may
observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through
teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes
otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting
is otherwise posted, also give notice of the means by which members of the public may observe the meeting and
offer public comment. As to any instance in which there is a change in the means of public observation and
comment, or any instance prior to the effective date of this section in which the time of the meeting has been
noticed or the agenda for the meeting has been posted without also including notice of the means of public
observation and comment, a legislative body may satisfy this requirement by advertising the means of public
observation and comment using the most rapid means of communication available at the time. Advertising the
means of public observation and comment using the most rapid means of communication available at the time
shall include, but need not be limited to, posting such means on the legislative body's internet website.
(f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion
and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions
of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility
requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and
make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking
to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all
requirements in this article requiring the physical presence of members, the clerk or other personnel of the state
body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
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(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the
following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be
identified in the notice and agenda of the public meeting or proceeding.
(B) Each teleconference location be accessible to the public.
(C) Members of the public may address the state body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the
meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and
address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility
requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members
of the public to attend the meeting and offer public comment. A state body need not make available any physical
location from which members of the public may observe the meeting and offer public comment.
(d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the
public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do
both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or
accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101 et sec.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may
observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through
teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes
otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting
is otherwise posted, also give notice of the means by which members of the public may observe the meeting and
offer public comment. As to any instance in which there is a change in the means of public observation and
comment, or any instance prior to the effective date of this section in which the time of the meeting has been
noticed or the agenda for the meeting has been posted without also including notice of the means of public
observation and comment, a state body may satisfy this requirement by advertising the means of public
observation and comment using the most rapid means of communication available at the time. Advertising the
means of public observation and comment using the most rapid means of communication available at the time
shall include, but need not be limited to, posting such means on the state body's internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and
to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of
this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
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otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a
specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings 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. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over which
the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide
an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at
each teleconference location.
(4) For the purposes of this section, "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. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of
subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any
of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have
imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining,
by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the
health or safety of attendees.
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(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by
majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) 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. In
each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the
public may access the meeting and offer public comment. The agenda shall identify and include an opportunity
for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be
construed to require the legislative body to provide a physical location from which the public may attend or
comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency 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 which prevents members of the public from offering public comments using the call-in option or
internet-based service option, the 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 which prevents the public agency from broadcasting the meeting may be
challenged pursuant to Section 54960.1.
(E) 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. This
subparagraph shall not be construed to require the legislative body to provide a physical location from which the
public may attend or comment.
(F) 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.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the
public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to
provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately
on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the
opportunity to provide public comment, including time for members of the public to register pursuant to
subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
(iii) A legislative body that provides a timed general public comment period that does not correspond to a
specific agenda item shall not close the public comment period or the opportunity to register, pursuant to
subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to
promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of
subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant
to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by
majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
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(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant
to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter
7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided
in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and
federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination
obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a
specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings 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. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over which
the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide
an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at
each teleconference location.
(4) For the purposes of this section, "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. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
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(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of
subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any
of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have
imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining,
by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the
health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by
majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) 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. In
each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the
public may access the meeting and offer public comment. The agenda shall identify and include an opportunity
for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be
construed to require the legislative body to provide a physical location from which the public may attend or
comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and
constitutional rights of the parties and the public appearing before the legislative body of a local agency.
(D) In the event of a disruption which prevents the public agency 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 which prevents members of the public from offering public comments using the call-in option or
internet-based service option, the 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 which prevents the public agency from broadcasting the meeting may be
challenged pursuant to Section 54960.1.
(E) 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. This
subparagraph shall not be construed to require the legislative body to provide a physical location from which the
public may attend or comment.
(F) 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.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the
public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to
provide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not provide a timed public comment period, but takes public comment separately
on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the
opportunity to provide public comment, including time for members of the public to register pursuant to
subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
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(iii) A legislative body that provides a timed general public comment period that does not correspond to a
specific agenda item shall not close the public comment period or the opportunity to register, pursuant to
subparagraph (F), until the timed general public comment period has elapsed.
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to
promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of
subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant
to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by
majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(1) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) For the purposes of this subdivision, "state of emergency" means a state of emergency proclaimed pursuant
to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter
7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this
chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting
or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings 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. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over which
the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an
opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at
each teleconference location.
(4) For the purposes of this section, "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. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
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(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.
SEC. 4.1. Section 54953 is added to the Government Code, to read
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided
in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and
federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination
obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use
teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any
meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all
requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting
or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting
within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting
shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all
teleconference locations and conduct teleconference meetings 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. Each
teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each
teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the
members of the legislative body shall participate from locations within the boundaries of the territory over which
the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an
opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at
each teleconference location.
(4) For the purposes of this section, "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. Nothing
in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on
that action of each member present for the action.
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(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final
action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency
executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to
be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the
process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health
authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be
counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of
the number of members that would establish a quorum are present within the boundaries of the territory over
which the authority exercises jurisdiction, and the health authority provides a teleconference number, and
associated access codes, if any, that allows any person to call in to participate in the meeting and the number
and access codes are identified in the notice and agenda of the meeting.
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly
meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations
within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established
pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7,
14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the
purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory
committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340)
of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.
SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code
proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1)
both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first,
(2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339,
in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain
operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall
become operative.
SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and
local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader
access through teleconferencing options consistent with the Governor's Executive Order No. N-29-20 dated
March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add
Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of
Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the
right of public access to the meetings of local public bodies or the writings of local public officials and local
agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the
Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for
greater public participation in teleconference meetings during applicable emergencies.
SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain
requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and
video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and
public meetings conducted by teleconference during the COVID-19 public health emergency have been
productive, have increased public participation by all members of the public regardless of their location in the
state and ability to travel to physical meeting locations, have protected the health and safety of civil servants
and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours
spent traveling to and from meetings.
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(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the
Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and
Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase
and potentially limit 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:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a
quorum of members present, this act protects the health and safety of civil servants and the public and does not
preference the experience of members of the public who might be able to attend a meeting in a physical location
over members of the public who cannot travel or attend that meeting in a physical location.
(2) By removing the requirement for agendas to be placed at the location of each public official participating in a
public meeting remotely, including from the member's private home or hotel room, this act protects the
personal, private information of public officials and their families while preserving the public's right to access
information concerning the conduct of the people's business.
SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or
safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to ensure that state and local agencies can continue holding public meetings while providing essential
services like water, power, and fire protection to their constituents during public health, wildfire, or other states
of emergencies, it is necessary that this act take effect immediately.
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