BILL NUMBER: SB 338 INTRODUCED
BILL TEXT
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) (A) 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.
(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.
(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.