Four New Bills Will Impact Local Agency Meetings under the Brown Act
October 2024
Number 43
Governor Newsom signed four new bills amending the Ralph M. Brown Act (Brown Act), California’s open meeting law. Each of the new bills, which go into effect on January 1, 2025, will impact how local agencies conduct meetings under the Brown Act.
Assembly Bill 2715 – Extension of Closed Session to Cybersecurity
Local agencies may only conduct “closed session meetings” (private board discussions out of view of the public) for specific purposes expressly authorized by the Brown Act. Existing law allows legislative bodies to hold closed sessions to discuss real property transactions, labor negotiations, pending litigation, and potential security threats, among other enumerated grounds. Assembly Bill (AB) 2715 adds cybersecurity threats related to critical infrastructure controls or critical infrastructure information to the list of permissible reasons to hold a closed session meeting. Additionally, AB 2715 expands the specified state and local authorities who can attend a closed session meeting to include all law enforcement and security personnel.
Assembly Bill 2302 – New Limits on Remote Participation
Previous amendments to the Brown Act authorized members of the legislative body to participate in a meeting remotely under a “just cause” or “emergency circumstances” exception without complying with the traditional teleconferencing requirements. Existing law limits remote participation under these exceptions to not more than three consecutive months or twenty percent of regular meetings in a given year, unless the legislative body meets less than ten times per year in which case the limit is not more than two meetings per year. AB 2302 revises the limitations on remote attendance based on the number of regular meetings of a legislative body per year.
Until January 1, 2026, the following limits on remote participation apply:
Under existing law, a legislative body may hold a meeting without complying with the Brown Act’s 24-hour notice and posting requirements if an emergency situation requires prompt action because of a disruption or threatened disruption of public facilities. In an emergency situation, the presiding officer or designee must notify specified media outlets by phone one hour before the meeting or at approximately the same time as other members are notified. If the phone service is not functioning, notification to the media outlets must be as soon as possible after the meeting.
AB 2350 expands the available notification methods for emergency school boards meetings to include email notification. Under AB 2350, a school board may send meeting notifications to the specified media outlets by email instead of phone. If both phone and internet services are not functioning, notification to the media outlets must be as soon as possible after the meeting.
Assembly Bill 1855 – Alternate Teleconferencing Provisions for Community College Student Body Associations and Student-Run Organizations
Current law authorizes “eligible legislative bodies” to use teleconferencing for meetings without complying with the notice, agenda, and access requirements for traditional teleconferencing after following specified procedures. Instead, the “eligible legislative body” may use alternate teleconferencing procedures as specified by statute. Through January 1, 2026, AB 1855 expands the definition of “eligible legislative bodies” to include community college student body associations and student-run organizations. The board of trustees for the community college and the legislative body must take specific steps before the alternate teleconferencing procedures can be used, including requirements for public participation, allowances for remote participants to count towards the in-person quorum if they meet specific criteria, and accessibility requirements.
Takeaways
ABs 2715, 2302, 2350, and 1855 all go into effect January 1, 2025. Local agencies should review and revise their practices, as necessary.
If you have any questions on these four bills or the Brown Act in general, please contact the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, Twitter and LinkedIn or download our mobile app.
Number 43
Governor Newsom signed four new bills amending the Ralph M. Brown Act (Brown Act), California’s open meeting law. Each of the new bills, which go into effect on January 1, 2025, will impact how local agencies conduct meetings under the Brown Act.
Assembly Bill 2715 – Extension of Closed Session to Cybersecurity
Local agencies may only conduct “closed session meetings” (private board discussions out of view of the public) for specific purposes expressly authorized by the Brown Act. Existing law allows legislative bodies to hold closed sessions to discuss real property transactions, labor negotiations, pending litigation, and potential security threats, among other enumerated grounds. Assembly Bill (AB) 2715 adds cybersecurity threats related to critical infrastructure controls or critical infrastructure information to the list of permissible reasons to hold a closed session meeting. Additionally, AB 2715 expands the specified state and local authorities who can attend a closed session meeting to include all law enforcement and security personnel.
Assembly Bill 2302 – New Limits on Remote Participation
Previous amendments to the Brown Act authorized members of the legislative body to participate in a meeting remotely under a “just cause” or “emergency circumstances” exception without complying with the traditional teleconferencing requirements. Existing law limits remote participation under these exceptions to not more than three consecutive months or twenty percent of regular meetings in a given year, unless the legislative body meets less than ten times per year in which case the limit is not more than two meetings per year. AB 2302 revises the limitations on remote attendance based on the number of regular meetings of a legislative body per year.
Until January 1, 2026, the following limits on remote participation apply:
- If a legislative body meets one or fewer times per month, remote participation is limited to two meetings per year.
- If a legislative body meets twice per month, remote participation is limited to five meetings per year.
- If a legislative body meets three or more times per month, remote participation is limited to seven meetings per year.
Under existing law, a legislative body may hold a meeting without complying with the Brown Act’s 24-hour notice and posting requirements if an emergency situation requires prompt action because of a disruption or threatened disruption of public facilities. In an emergency situation, the presiding officer or designee must notify specified media outlets by phone one hour before the meeting or at approximately the same time as other members are notified. If the phone service is not functioning, notification to the media outlets must be as soon as possible after the meeting.
AB 2350 expands the available notification methods for emergency school boards meetings to include email notification. Under AB 2350, a school board may send meeting notifications to the specified media outlets by email instead of phone. If both phone and internet services are not functioning, notification to the media outlets must be as soon as possible after the meeting.
Assembly Bill 1855 – Alternate Teleconferencing Provisions for Community College Student Body Associations and Student-Run Organizations
Current law authorizes “eligible legislative bodies” to use teleconferencing for meetings without complying with the notice, agenda, and access requirements for traditional teleconferencing after following specified procedures. Instead, the “eligible legislative body” may use alternate teleconferencing procedures as specified by statute. Through January 1, 2026, AB 1855 expands the definition of “eligible legislative bodies” to include community college student body associations and student-run organizations. The board of trustees for the community college and the legislative body must take specific steps before the alternate teleconferencing procedures can be used, including requirements for public participation, allowances for remote participants to count towards the in-person quorum if they meet specific criteria, and accessibility requirements.
Takeaways
ABs 2715, 2302, 2350, and 1855 all go into effect January 1, 2025. Local agencies should review and revise their practices, as necessary.
If you have any questions on these four bills or the Brown Act in general, please contact the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, Twitter and LinkedIn or download our mobile app.
As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
