BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 338 HEARING: 4/3/13
AUTHOR: Hill FISCAL: No
VERSION: 2/20/13 TAX LEVY: No
CONSULTANT: Ewing
BROWN ACT AND TELECONFERENCING
Reduces from 72- to 24-hours, the requirement for posting
meeting notices at remote teleconference locations.
Background and Existing Law
The Ralph M. Brown Act requires the meetings of local
governments' legislative bodies to be "open and public,"
thereby ensuring the people's access to information so they
may retain control over the public agencies that serve
them. Local officials must post agendas 72-hours before
regular meetings and cannot discuss or make decisions on
topics that are not on the agenda.
The Brown Act allows local governments' governing bodies to
use teleconferencing for their meetings as long as they
post agendas 72-hours before regular meetings at all
teleconference locations and take all votes by roll call.
Each teleconference location must be identified in the
notice and agenda of the meeting, must be accessible to the
public, and must make accommodations to permit persons
wishing to address the governing body to do so from that
location.
During a teleconference, at least a quorum of the members
of the governing body must participate from locations
within the boundaries of the local government's
jurisdiction (SB 139, Kopp, 1998).
Some local government officials call into question the
value of posting agendas 72-hours in advance at remote
locations where district residents are unlikely to be
present. They also report difficulty ensuring that they
comply with the remote posting requirement when they are
traveling to the remote location less than 72 hours before
a meeting.
SB 338 -- 2/20/13 -- Page 2
Proposed Law
Senate Bill 338 requires local agencies to post meeting
notices at least 24-hours prior to a meeting at
teleconferencing locations outside of the local agency's
boundaries.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . SB 338 addresses the challenge of
ensuring that local agencies can post meeting notices at
teleconferencing locations outside of their agency
boundaries. Officials who travel to a location one day in
advance of a scheduled meeting have limited means of
ensuring that proper notice is posted for a full 72 hours.
SB 338 reduces the current 72-hour notice requirement to 24
hours only for a teleconferencing location outside of the
agency's jurisdiction. The bill preserves existing 72-hour
posting requirements for all other notices, including
posting on an agency website. SB 338 maintains notice and
access standards, while helping public officials address
the real-world challenges of posting notices 72-hours in
advance of meetings from locations outside of the district.
2. Consider rescheduling . SB 338 makes it more difficult
for the public to find teleconferencing locations and be
physically present for deliberations and decisions,
particularly for members of the public who need to plan
their travel in advance, such as those with disabilities.
If local agencies are unable to ensure that public notices
are posted 72-hours in advance from a remote location,
including an out-of-state hotel where a local official may
be staying, then how can the local agency reasonably ensure
that the public has access to that location and the
capacity to address the meeting from that location? The
public's interest may be better served by rescheduling
meetings to ensure that elected officials can be physically
present.
3. Flexibility vs. Constraint . Proposition 59 (2004)
SB 338 -- 2/20/13 -- Page 3
declares that provisions promoting public right of access
should be broadly construed, and provisions that limit
right of access should by narrowly construed. Consistent
with that intent, the Brown Act provides narrow constraints
on the authority of local agencies to make decisions in
closed sessions or to operate outside of standard notice
requirements. Reducing noticing requirements for
participation from remote locations restricts public
access. To preserve balance under the Brown Act, the
Committee may wish to consider amendments restricting the
voting authority of local board members who participate in
local agency meetings from remote locations with less than
72-hours notice at the remote location.
Support and Opposition (3/28/13)
Support : Association of California Water Agencies.
Opposition : Unknown.