Recognizing the utility of employing online meeting
platforms for public meetings under the Ralph M. Brown Act, California's open
meeting law, lawmakers recently approved legislation that would require certain
public agencies to provide the public with both online and telephonic options
at public meetings, among other requirements. This legislation, Senate Bill 707
(María Elena Durazo, D-Los Angeles), aims to modernize the Brown Act's
teleconferencing provisions while expanding the public's access to local government
meetings.
Scope
Many of the sweeping changes authorized by SB 707 apply
only to "eligible legislative bodies," a term created and defined in the bill
as any of the following: a) a city council with a population of 30,000 or more,
b) a county board of supervisors with a population of 30,000 or more, c) a city
council located in a county with a population of 600,000 or more, or d) the
board of directors of a special district that has an Internet website and has
either 1,000 full time employees or is located entirely within a county with a
population of 600,000 or more.
Hybrid meetings and policies for disruptions
All eligible legislative bodies must include an
opportunity for members of the public to attend public meetings via a two-way
telephonic service or two-way audiovisual platform by publicly posting and
providing a call-in option. Additionally, all open and public meetings
utilizing a telephonic or audiovisual platform must include an opportunity for
those attending remotely to comment via the telephonic or audiovisual platform.
Furthermore, by July 1, 2026, all eligible legislative bodies must approve, at
a properly noticed public meeting in open session, a policy regarding
disruption of telephonic or Internet service occurring during public meetings.
Expanding language access
SB 707 also provides for additional expansion of access to
meetings by requiring eligible legislative bodies to provide translated agendas
in all "applicable languages" for members of the public. The agenda for each
meeting of an eligible legislative body shall be translated into all applicable
languages, and each translation shall include instructions in the applicable
language describing how to join by telephonic or Internet-based service option
and include any registration requirements for public comment.
An "applicable language" for the purposes of this
legislation means any language spoken jointly by 20% or more of the applicable
population, provided that 20% or more of that same population speaks English
less than "very well," as determined by data from the most recent American
Community Survey. According to the bill, applicable populations will be
determined depending upon the type of eligible legislative body. For example,
the applicable population for an eligible city council or a county board of
supervisors would be the population of the city or county. However, for an
eligible special district, the applicable population can be either the
population of the county with the greatest population within the boundaries of
the district or the population of the service area of the special district.
Encourage underrepresented communities' participation
Eligible legislative bodies will also be required to make
a good-faith effort to encourage residents, including those in underrepresented
communities, to participate in public meetings by doing all the following:
• Create an electronic system for accepting and fulfilling
requests for meeting agendas and associated documents through email or an
integrated agenda management platform. Information about how to request agendas
or other documents using this system must be accessible through a prominent
link posted on the eligible legislative body's primary Internet website.
• Create and maintain a website dedicated to public
meetings that includes, or provides links to a general
explanation of the public meeting process, an explanation of the procedures for
a member of the public to provide in person or remote comments during a public
meeting or to submit written public comment, and a calendar of all public
meeting dates that includes the date, time and location of each meeting.
Additionally, eligible legislative bodies must make
reasonable efforts to invite groups that do not traditionally participate in
public meetings to attend. Efforts can include, but are not required or limited
to, reaching out to media organizations that provide news coverage in the
jurisdiction of the legislative body, including non-English speaking media
organizations, or neighborhood and community group organizations. However, SB
707 gives eligible legislative bodies broad discretion to determine what
constitutes a reasonable effort.
Teleconferencing updates
Certain provisions of SB 707 apply to all legislative
bodies, primarily those provisions providing greater flexibility to local
agencies to utilize teleconferencing options without meeting the general
requirements for teleconferencing in the Brown Act. A few of these provisions
are described in greater detail below:
• Extends the sunset on provisions regarding
teleconferencing flexibility for just cause and emergency circumstances until
Jan. 1, 2030.
• Expands the definition of "states of emergency" under
the Brown Act to include local emergencies.
• Requires the legislative body to implement a procedure
for receiving and resolving requests for reasonable accommodations for
individuals with disabilities.
Recommendations and final remarks
Given the breadth of changes to the Brown Act facilitated
by SB 707, it is prudent for all public agencies to review this legislation in
detail and determine whether they qualify as an "eligible legislative body"
pursuant to the legislation. Accordingly, public agencies should review their
current Brown Act policies and procedures to ensure compliance and make any
necessary changes required by SB 707.