Agenda

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LEGISLATION COMMITTEE

Meeting Date:	03/13/2023
Subject: Brown Act Related Bills
Submitted For:	LEGISLATION COMMITTEE
Department:	County Administrator
Referral No.:	2023-06
Referral Name:	Brown Act Related Bills
Presenter:	Geoff Neill, Nielsen Merskamer	Contact:	L. DeLaney, (925) 655-2057

Information

Referral History:

The Legislation Committee regularly considers bills of interest to the County, and bills related to the Brown Act are of particular interest as they affect County processes.

The Board of Supervisors' adopted 2023-24 State Legislative Platform includes the following related policy:

"ENABLE local governments to continue offering opportunities for public meeting attendance, participation, and accessibility through technological means after the pandemic has ended."

Referral Update:

A number of bills have been introduced this year to address remote participation in public meetings governed by the Brown Act.

AB 817, by Assembly Member Blanca Pacheco, is intended to authorize local boards, commissions, subcommittees, etc. (but not governing boards) to meet remotely. While AB 817 is currently a spot bill, it will be amended with substantive language when eligible to do so. Through our state lobbyists, the County has received a request to support AB 817 (Pacheco) and join a coalition effort.

Attachment A is a draft coalition letter and a fact sheet that includes more background information and draft language for the planned amendment (the blue underlined text). The bill is being jointly sponsored by the California Association of Recreation and Park Districts (CARPD) and the League of California Cities (CalCities).

Author:

Blanca Pacheco (D-064)

Coauthor

Wilson (D)

Title:

Local Government: Open Meetings

Fiscal Committee:

Urgency Clause:

Introduced:

02/13/2023

Disposition:

Pending

Location:

ASSEMBLY

Summary:

Makes nonsubstantive changes to a provision of the Ralph Brown Act.

Status:

02/13/2023

INTRODUCED.

In addition to AB 817 (Pacheco), there are other Brown Act-related bills making their way through the legislative process. The other bills of note would be SB 411 and AB 557.

SB 411 (Portantino): As currently drafted, SB 411 would authorize legislative bodies with appointed membership to continue to meet remotely without providing the physical location of each appointed member. At this time, we understand that Senator Portantino’s bill is intended to address remote participation for the 99 neighborhood councils, as well as boards and commissions, in the City of Los Angeles. However, the bill must be amended if it is to address that more narrow class of Brown Act entities.

AB 557 (Hart): Sponsored by the California Special Districts Association, AB 557 would (1) eliminate the sunset provisions included in AB 361 (R. Rivas, 2021) and (2) extend the renewal period from 30 days to 45 days.

There are two additional Brown Act bills (AB 1348 Grayson and SB 537) that have also been introduced. AB 1348 addresses public meeting agendas and writings. SB 537 is a spot bill without additional specificity.

Fact Sheets for AB 557 (Hart) and SB 411 (Portantino) are included in Attachment B

Recommendation(s)/Next Step(s):

RECOMMEND to the Board of Supervisors a position on AB 817 (Pacheco) or find the bill consistent with the Board's adopted 2023-24 State Platform.

Fiscal Impact (if any):

N/A

Attachments
Attachment A: AB 817 Fact Sheet and Coalition Letter
Attachment B: Fact Sheets AB 557 and SB 411