Loading...
HomeMy WebLinkAbout2022-04-29; City Council Legislative Subcommittee; ; Brown Act Reform - Legislative Platform AmendmentCity Council Legislative Subcommittee Meeting Date: To: From: Item 3: April 29, 2022 City Council Legislative Subcommittee Jason Haber, Intergovernmental Affairs Director Brown Act Reform -Legislative Platform Amendment Recommendation: Consider a proposed Legislative Platform amendment to include one or more position statements in support of Brown Act reforms that would enable local jurisdictions to conduct hybrid style (in person and virtual) meetings, for recommendation to the City Council. Discussion: At its meeting on March 15, 2022, the Subcommittee expressed an interest in supporting AB 1944 and AB 2449, two bills that propose reforms to the Ralph M. Brown Act, the state's public meetings law, which requires that, with specified exceptions, all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate. AB 1944 (Lee) would require the legislative body's agenda to identify any member of the legislative body that will participate in the meeting remotely. The bill would also require an updated agenda reflecting all of the members participating in the meeting remotely to be posted, if a member of the legislative body elects to participate in the meeting remotely after the agenda is posted. This bill would authorize, under specified circumstances and upon a determination by a majority vote of the legislative body, a member to be exempt from identifying the address of the member's teleconference location in the notice and agenda or having the location be accessible to the public, if the member elects to teleconference from a location that is not a public place. This bill would require all open and public meetings of a legislative body that elects to use teleconferencing to provide a video stream accessible to members of the public and an option for members of the public to address the body remotely during the public comment period through an audio-visual or call -in option. This bill would repeal these provisions on January 1, 2030. AB 2449 (Blanca Rubio) would authorize a local agency to use teleconferencing without complying with those specified teleconferencing requirements if at least a quorum of the members of the legislative body participates in person from a singular location clearly identified on the agenda that is open to the public and situated within the local agency's jurisdiction. The bill would impose prescribed requirements for this exception relating to notice, agendas, the April 29, 2022 Item #3 Page 1 of 2 means and manner of access, and procedures for disruptions. The bill would require the legislative body to implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law. While both of these bills would provide greater flexibility and options for conducting local agency meetings, the city's Legislative Platform does not contain a position statement that provides a clear basis for taking positions on them. As such, the Subcommittee is being asked to consider a proposed legislative platform amendment to include one or more of the following position statements in support of Brown Act reforms that would enable local jurisdictions to conduct hybrid style (in person and virtual) meetings, for recommendation to the City Council: • Support legislation that would increase civic participation and engagement, including the continued allowance of subcommittees, advisory committees, and boards and commissions to participate virtually (post COVID-19 state of emergency) without physical location posting requirements under the Ralph M. Brown Act. • Support legislation that would permit a minority number of council members to virtually participate in meetings without having physical location posting requirements, so long as a physical in-person meeting quorum is present. • Support state funding efforts to assist with enhanced public access for members of the community. • Oppose legislation that increases the cost of municipal meetings and hearings through unnecessary new requirements. Next Steps: If a proposed amendment to the Legislative Platform is recommended by the Subcommittee, staff would work with the City Manager to place an item on a future City Council agenda for consideration. April 29, 2022 Item #3 Page 2 of 2