AMENDED IN SENATE MAY 29, 2024
AMENDED IN ASSEMBLY JANUARY 17, 2024
AMENDED IN ASSEMBLY MARCH 16, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 817
Introduced by Assembly Member Pacheco
(Coauthor: Assembly Member Wilson)
February 13, 2023
An act to add and repeal Section 54953.05 of the Government Code, relating to local government.
legislative counsel’s digest
AB 817, as amended, Pacheco. Open meetings: teleconferencing:
subsidiary body.
Existing la w, the Ralph M. Bro wn Act, requires, with specified exceptions, each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also requires that all meetings of a le gislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The act generally requires for teleconferencing that the legislative body of a local agenc y that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the le gislative body participate from locations within
96 the boundaries of the territory o ver which the local agenc y exercises jurisdiction.
Existing law authorizes the legislative body of a local agency to use alternate teleconferencing pro visions during a proclaimed state of emergency (emergency provisions) and, until January 1, 2026, in certain circumstances related to the particular member if at least a quorum of its members participate from a singular ph ysical location that is open to the public and situated within the agenc y’s jurisdiction and other requirements are met (nonemergency provisions). Existing law imposes different requirements for notice, agenda, and public participation, as prescribed, when a legislative body is using alternate teleconferencing provisions. The nonemergency provisions impose restrictions on remote participation by a member of the le gislative body and require the legislative body to provide specific means by which the public may remotely hear and visually observe the meeting.
This bill, until January 1, 2026, w ould authorize a subsidiary body, as defined, to use similar alternati ve teleconferencing pro visions and would impose requirements for notice, agenda, and public participation, as prescribed. The bill would require at least one staf f member of the local agency to be pr esent at a designated primary physical meeting location during the meeting. The bill would require the local agency to post the agenda at the primary physical meeting location. The bill would require the members of the subsidiary body to visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, as specified. The bill would also require the subsidiary body to list a member of the subsidiary body who participates in a teleconference meeting from a remote location in the minutes of the meeting. In order to use teleconferencing pursuant to this act, the bill w ould require the le gislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter.
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.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the 96 — 2 — AB 817
writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953.05 is added to the Government line 2 Code, to read:
line 3 54953.05. (a) (1) The definitions in Section 54953, as that line 4 section may be amended from time to time, apply for purposes of line 5 this section.
line 6 (2) For purposes of this section, “subsidiary body” means a line 7 legislative body that meets all of the following:
line 8 (A) Is described in subdivision (b) of Section 54952. line 9 (B) Serves exclusively in an advisory capacity. line 10 (C) Is not authorized to tak e final action on le gislation, line 11 regulations, contracts, licenses, permits, or any other entitlements. line 12 (b) A subsidiary body may use teleconferencing without line 13 complying with paragraph (3) of subdivision (b) of Section 54953, line 14 if the subsidiary body complies with all of the following:
line 15 (1) The teleconferenced meetings shall be conducted in a manner line 16 that protects the statutory and constitutional rights of the parties line 17 or the public appearing before the subsidiary body. line 18 (2) Each member of the subsidiary body shall participate through line 19 both audio and visual technology.
line 20 (3) The subsidiary body shall pro vide at least one of the line 21 following as a means by which the public may remotely hear and line 22 visually observe the meeting, and remotely address the subsidiary line 23 body:
line 24 (A) A two-way audiovisual platform.
line 25 (B) A two-way telephonic service and a live webcasting of the line 26 meeting.
line 27 (4) The subsidiary body shall gi ve notice of the meeting and line 28 post agendas as otherwise required by this chapter. line 29 (5) The subsidiary body shall designate a primary physical line 30 meeting location wher e member s of the public may physically 96 AB 817 — 3 —
line 1 attend, observe, hear, and participate in the meeting. At least one line 2 staff member of the local a gency shall be present at the primary line 3 physical meeting location during the meeting . The local a gency line 4 shall post the a genda at the primary physical meeting location, line 5 but need not post the agenda at a remote location. line 6 (5)
line 7 (6) In each instance in which notice of the time of the line 8 teleconferenced meeting is otherwise given or the agenda for the line 9 meeting is otherwise posted, the subsidiary body shall also gi ve line 10 notice of the means by which members of the public may access line 11 the meeting and offer public comment.
line 12 (6)
line 13 (7) The agenda shall identify and include an opportunity for all line 14 persons to attend and address the subsidiary body directly pursuant line 15 to Section 54954.3 via a call-in option or via an internet-based line 16 service option.
line 17 (7)
line 18 (8) In the event of a disruption that prevents the subsidiary body line 19 from broadcasting the meeting to members of the public using the line 20 call-in option or internet-based service option, or in the e vent of line 21 a disruption within the subsidiary body’ s control that pre vents line 22 members of the public from of fering public comments using the line 23 call-in option or internet-based service option, the subsidiary body line 24 shall take no further action on items appearing on the meeting line 25 agenda until public access to the meeting via the call-in option or line 26 internet-based service option is restored. Actions taken on agenda line 27 items during a disruption that pre vents the subsidiary body from line 28 broadcasting the meeting may be challenged pursuant to Section line 29 54960.1.
line 30 (8)
line 31 (9) Notwithstanding Section 54953.3, an individual desiring to line 32 provide public comment through the use of an internet website, or line 33 other online platform, not under the control of the subsidiary body, line 34 that requires re gistration to log in to a teleconference may be line 35 required to register as required by the third-party internet website line 36 or online platform to participate.
line 37 (10) The members of the subsidiary body shall visibly appear line 38 on camera during the open portion of a meeting that is publicly line 39 accessible via the internet or other online platform. 96 — 4 — AB 817
line 1 (A) The visual appearance of a member of the subsidiary body line 2 on camer a may cease only when the appear ance would be line 3 technologically impracticable, including, but not limited to, when line 4 the member experiences a lack of reliable broadband or internet line 5 connectivity that would be remedied by joining without video, or line 6 when the visual display of meeting materials, information, or line 7 speakers on the internet or other online platform r equires the line 8 visual appearance of a member of a subsidiary body on camer a line 9 to cease.
line 10 (B) If a member of the advisory body does not appear on camera line 11 due to c hallenges with internet connectivity , the member shall line 12 announce the reason for their nonappearance when they turn off line 13 their camera.
line 14 (9)
line 15 (11) The subsidiary body shall not require public comments to line 16 be submitted in adv ance of the meeting and must pro vide an line 17 opportunity for the public to address the subsidiary body and offer line 18 comment in real time.
line 19 (A) A subsidiary body that pro vides a timed public comment line 20 period for each agenda item shall not close the public comment line 21 period for the agenda item, or the opportunity to register, pursuant line 22 to paragraph (8), (9), to provide public comment until that timed line 23 public comment period has elapsed.
line 24 (B) A subsidiary body that does not pro vide a timed public line 25 comment period, b ut takes public comment separately on each line 26 agenda item, shall allow a reasonable amount of time per agenda line 27 item to allow public members the opportunity to pro vide public line 28 comment, including time for members of the public to re gister line 29 pursuant to paragraph (8), (9), or otherwise be recognized for the line 30 purpose of providing public comment.
line 31 (C) A subsidiary body that pro vides a timed general public line 32 comment period that does not correspond to a specific agenda item line 33 shall not close the public comment period or the opportunity to line 34 register, pursuant to paragraph (8), (9), until the timed general line 35 public comment period has elapsed.
line 36 (12) A member of the subsidiary body who participates in a line 37 teleconference meeting from a remote location shall be listed in line 38 the minutes of the meeting.
line 39 (c) In order to use teleconferencing pursuant to this section, the line 40 legislative body that established the subsidiary body by charter , 96 AB 817 — 5 —
line 1 ordinance, resolution, or other formal action shall mak e the line 2 following findings by majority v ote before the subsidiary body line 3 uses teleconferencing pursuant to this section for the first time, line 4 and every 12 months thereafter:
line 5 (1) The legislative body has considered the circumstances of line 6 the subsidiary body.
line 7 (2) Teleconference meetings of the subsidiary body w ould line 8 enhance public access to meetings of the subsidiary body. line 9 (3) Teleconference meetings of the subsidiary body w ould line 10 promote the attraction, retention, and diversity of subsidiary body line 11 members.
line 12 (d) This section shall remain in effect only until January 1, 2026, line 13 and as of that date is repealed.
line 14 SEC. 2. The Legislature finds and declares that Section 1 of line 15 this act, which adds and repeals Section 54953.05 of the line 16 Government Code, imposes a limitation on the public’ s right of line 17 access to the meetings of public bodies or the writings of public line 18 officials and agencies within the meaning of Section 3 of Article line 19 I of the California Constitution. Pursuant to that constitutional line 20 provision, the Le gislature mak es the follo wing findings to line 21 demonstrate the interest protected by this limitation and the need line 22 for protecting that interest:
line 23 By removing the requirement for agendas to be placed at the line 24 location of each public official participating in a public meeting line 25 remotely, this act protects the personal, pri vate information of line 26 public officials and their f amilies while preserving the public’ s line 27 right to access information concerning the conduct of the people’s line 28 business.
line 29 SEC. 3. The Legislature finds and declares that Section 1 of line 30 this act, which adds Section 54953.05 to the Go vernment Code, line 31 furthers, within the meaning of paragraph (7) of subdi vision (b) line 32 of Section 3 of Article I of the California Constitution, the purposes line 33 of that constitutional section as it relates to the right of public line 34 access to the meetings of local public bodies or the writings of line 35 local public officials and local agencies. Pursuant to paragraph (7) line 36 of subdi vision (b) of Section 3 of Article I of the California line 37 Constitution, the Legislature makes the following findings:
96 — 6 — AB 817
line 1 This act is necessary to pro vide opportunities for public line 2 participation in meetings of specified public agencies and to line 3 promote the attraction and retention of members of those agencies.
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96 AB 817 — 7 —