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AB 557 DISCUSSION ON REMOTE PARTICIPATION IN PUBLIC MEETINGS
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RECOMMENDATION
This item is being presented for informational purposes only. However, staff welcomes any feedback and/or direction the Committee may deem relevant.
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Summary
The Ralph M. Brown Act (Brown Act) is a “public access law” that ensures the public's right to attend the meetings of public agencies, facilitates public participation in all phases of local government decision-making, and curbs misuse of the democratic process by secret legislation.
Traditionally, if a member of a legislative body wanted to participate via teleconferencing, the Brown Act generally required the teleconference location to be identified, noticed, and made accessible to the public. During the COVID-19 pandemic, the Governor issued several executive orders which relaxed normal open meeting standards and allowed remote participation at a time when public health orders restricted and/or limited in-person meetings.
In September 2021, AB 361 was signed into law and allowed the continued use of teleconferencing (remote appearance) for open meetings as an exception to the Brown Act requirements. In January 2023, AB 2449 went into effect and allowed members of legislative bodies to utilize teleconferencing for public meetings during a proclaimed state of emergency under certain specified circumstances. In February 2023, the Governor declared an end to the COVID-19 emergency.
In October 2023, the Governor signed AB 557 into law which amended portions of the Brown Act relating to teleconferencing participation by members of legislative bodies for and during public meetings.
DISCUSSION
Background
Traditionally, under Government Code section 54953(b)(3), if a member of a legislative body wanted to participate via teleconferencing, the agency must do the following: (1) post the agenda at all teleconference locations; (2) identify each teleconference location in the notice and agenda of the meeting; (3) make each teleconference location accessible to the public; and (4) during the teleconference, have at least a quorum of the body participate from locations within the boundaries of the local agency.
In March 2020, several states within the United States began implementing shutdowns to prevent the spread of COVID-19. As local governments responded to the shutdown rules, a series of executive orders were issued to address the continuation of open meetings and allow government business to continue. These rules waived all physical-presence requirements as a means of limiting the spread of COVID-19.
In September 2021, these orders were set to expire. In response to the pending expirations, in September 2021, Governor Newsom signed into law AB 361, extending the authority of public agencies to conduct meetings by teleconference, including video conference, during the COVID-19 pandemic.
Under AB 361, despite the provisions of the Brown Act requiring in person attendance, agencies were allowed to engage in remote teleconferencing but only during declared States of Emergency where the public agency has determined that because of the emergency meeting in person would present imminent risks to the health and safety of attendees.
Assembly Bill (AB) 2449, which became operative January 1, 2023, allowed
members of legislative bodies to utilize teleconferencing for public meetings during a proclaimed state of emergency and if any of the following circumstances exist:
1. State or local officials have imposed or recommended measures to promote social distancing;
2. The legislative body is meeting for the purpose of determining whether, as a result of emergency, meeting in person would present imminent risks to the health or safety of attendees; or
3. The legislative body has previously made such a determination.
On February 8, 2023, the Governor issued a Proclamation declaring the end of the COVID-19 State of Emergency. With this action, flexibility regarding the ability of public agencies to conduct remote meetings was reduced significantly, but not completely.
On October 8, 2023, the Governor signed AB 557 into law, amending certain portions of the Brown Act relating to teleconference participation by members of legislative bodies for and during public meetings.
Present Situation
AB 557 (codified as Gov. Code § 54953(f)), does the following:
1. Eliminates the sunset date for Assembly Bill 361 (“AB 361”) teleconferencing provisions; and
2. Amends existing teleconference requirements set forth in Government Code section 54953, which required findings by the legislative body during an emergency to confirm that alternate procedures are still necessary, from 30-days to a finding every 45 days; and
3. Eliminates references to “social distancing” in Government Code section 54953; and
4. Effective January 1, 2026, eliminates previously enacted teleconferencing alternatives per Assembly Bill 2449 (“AB 2449”).
Basic requirements for holding remote meetings under AB 557 are as follows:
• At least a quorum of members are in person at a single location, identified on the agenda;
• Meeting must be open to the public in the jurisdiction;
• Meeting allows the public the ability to see, hear, and speak at the meeting via:
o Two-way audiovisual platform
o Two-way telephonic and live webcasting
• Meeting notice includes information on access and commenting by the public;
• Agenda identifies and includes opportunity for all persons to attend and address the body directly pursuant to section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting;
• When there is a disruption that does not allow the public to access and comment, no further action by the body may occur until restored;
• Public comment shall be allowed in real time;
• Members may only participate remotely if all the following requirements are met:
o Member notifies at earliest opportunity that of the need to appear remotely due to “just cause” including description of circumstances; and
o Members cannot use this provision more than 2 times per calendar year.
• Members must request permission from the body to participate remotely due to emergency circumstances and body takes action to approve
o Members do not have to disclose medical diagnosis or disability, or personal medical information already exempt under existing law.
o Members must make request as soon as possible.
o Separate request for each meeting they want to appear remotely.
o Body must take action on the request at the earliest opportunity.
o If the request does not allow time to approve in advance, action may be taken at the beginning of the meeting.
• Members must disclose at the meeting while appearing remotely, whether any other individuals 18 or over are present in the room and the nature of the relationship with such individuals;
• Members must participate through both audio and visual technology; and
• Members cannot appear remotely for a period of more than 3 consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, OR more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
Just Cause is defined as:
o A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in section 12945.2.
o A contagious illness that prevents a member from attending in person.
o A need related to a physical or mental disability as defined in sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
o Travel while on official business of the legislative body or another state or local agency.
Staff is happy to receive feedback and/or direction as the committee deems appropriate.
FINANCIAL SUMMARY
There are no financial impacts from this initial discussion.