Senate Bill No. 338

Introduced by Senator Hill

February 20, 2013

An act to amend Section 54953 of the Government Code, relating to local agencies.

LEGISLATIVE COUNSEL’S DIGEST

SB 338, as introduced, Hill. Local agency meetings: teleconferencing.

The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend. Under the act, the legislative body of a local agency is required to post an agenda, as specified, at least 72 hours before a regular meeting of that body, and is prohibited from acting on or discussing any item not appearing on the agenda, except as provided. The act also authorizes a legislative body to use teleconferencing to conduct a meeting, 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 require, if the legislative body of a local agency elects to use teleconferencing and a teleconference location is located outside the boundaries of the local agency, that the agenda be posted at that location at least 24 hours in advance of the meeting rather than 72 hours.

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.

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)  begin insert (A) end insert begin insert   end insert 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.

begin insert

(B) Notwithstanding Section 54954.2 if a teleconference location
is located outside the boundaries of the local agency, the agenda
shall be posted at that location at least 24 hours in advance of the
meeting.

end insert

(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,
2018.

SEC. 2.  

The Legislature finds and declares that Section 1 of
this act, which amends Section 54953 of the Government Code,
imposes 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:

Because teleconferencing provides a viable alternative for local
officials to attend public meetings when they are unable to be
present in person, which often occurs upon short notice,
maintaining the 72-hour time period for posting an agenda at a
teleconference location outside the boundaries of the agency could
result in the canceling and rescheduling of meetings, thus delaying
the people’s business. Therefore, the health and safety of the people
of California are enhanced by giving governing bodies the authority
to post meeting agendas in teleconference locations outside local
agency boundaries within a shortened time period.