BILL NUMBER: AB 1004	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 27, 2009

   An act to amend Section 54953 of the Government Code, relating to
open meetings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1004, as introduced, Portantino. Open meetings:
teleconferences.
   The Ralph M. Brown Act requires, with specified exceptions, that
all meetings of a legislative body of a local agency be open and
public and all persons be permitted to attend. The act authorizes a
legislative body to use teleconferencing, subject to specified
requirements, including that each teleconference location be
accessible to the public and that at least a quorum of the members of
the body participate from locations within the boundaries of the
territory over which the local agency exercises jurisdiction.
   This bill would delete the requirement that at least a quorum of
the members of the body participating in a teleconferenced meeting be
located within the boundaries of the territory over which the local
agency exercises jurisdiction. The bill would also delete obsolete
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 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, 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) No legislative body shall take action by secret ballot,
whether preliminary or final. 
   (d) (1) Notwithstanding the provisions relating to a quorum in
paragraph (3) of subdivision (b), when 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 that
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.  
   (4) This subdivision shall remain in effect only until January 1,
2009.