One week remains before the Legislature reaches its deadline to
pass legislation for the year and the fate of two bills that
amend the Brown Act remain uncertain.
AB 339 (Lee) and
AB 361 (Robert Rivas) are both currently pending on the
Senate Floor at the time of this writing.
Nearly 70 years ago, the California State Legislature passed the
Ralph M. Brown Act, which governs how local agencies must conduct
public meetings, including requirements for meeting notifications
and agendas. The Brown Act has been amended many times since its
passage, but the core objective is to establish and preserve the
right of the public to attend and participate when local
legislative bodies discuss and decide items of public importance.
AB 361 includes language similar to parts of last year’s
COVID-related Executive Orders that ease some Brown Act
requirements related to public officials participating remotely,
but only when there is a state of emergency that makes it unsafe
to meet in person. The bill was most recently amended to include
an urgency clause in order for the bill to take effect
immediately upon adoption, notable since the Governor’s Executive
Order concerning Brown Act flexibility expires at the end of
September.
CSAC strongly supports AB 361, which provides counties with
the opportunity to continue holding public meetings remotely as
the COVID-19 pandemic continues to impact local agencies’ ability
to meet safely in person.
AB 339 requires Boards of Supervisors and City Councils in
jurisdictions with 250,000 residents or more to offer a two-way
telephonic or internet-based service for the public to view and
participate in meetings. CSAC joins a coalition of organizations
and public agencies
opposed to AB 339, which lacks flexibility for local
governments to conduct Brown Act compliant meetings in the event
of technological failure or public disruption, or to manage
comments in a way that allows ensures officials can come to
a decision on the matters being considered in a reasonable time.
As the Legislature prepares to adjourn for their Fall recess,
CSAC staff continue to engage in discussions with stakeholders on
how best to modernize the Brown Act in a way that empowers
communities, promotes meaningful public participation, and builds
off the learned experiences of local public agencies.
