Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.

This bill, for a state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body, would authorize an additional way of holding a meeting by teleconference, as prescribed, provided it also complies with all other applicable requirements of the Bagley-Keene Open Meeting Act. In this context, the bill would require a member of a state body participating by teleconference to be listed in the meeting minutes and that notice, as specified, identifying that member to be provided to the public at least 24 hours before the meeting. The bill would require a state body to designate a primary physical meeting location on that notice where members of the public may attend the meeting and participate, to include that information in the agenda of the meeting, and to post the agenda at the primary physical meeting location. The bill would require a quorum of the bodys members to be present at the primary physical meeting location and that decisions during the teleconference meeting be made by rollcall vote. The bill would require the state body, if a member participates remotely, to provide the public a way to hear the meeting or to observe it and to provide public notice, as specified, of how this would be done. Upon discovering that a means of remote access has failed during a meeting, the bill would require the body to end or adjourn the meeting, as specified, and would prescribe certain notice requirements and procedures in this connection.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.

This bill, for a state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body, would authorize an additional way of holding a meeting by teleconference, as prescribed, provided it also complies with all other applicable requirements of the Bagley-Keene Open Meeting Act. In this context, the bill would require a member of a state body participating by teleconference to be listed in the meeting minutes and that notice, as specified, identifying that member to be provided to the public at least 24 hours before the meeting. The bill would require a state body to designate a primary physical meeting location on that notice where members of the public may attend the meeting and participate, to include that information in the agenda of the meeting, and to post the agenda at the primary physical meeting location. The bill would require a quorum of the bodys members to be present at the primary physical meeting location and that decisions during the teleconference meeting be made by rollcall vote. The bill would require the state body, if a member participates remotely, to provide the public a way to hear the meeting or to observe it and to provide public notice, as specified, of how this would be done. Upon discovering that a means of remote access has failed during a meeting, the bill would require the body to end or adjourn the meeting, as specified, and would prescribe certain notice requirements and procedures in this connection.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.

This bill, for a state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body, would authorize an additional way of holding a meeting by teleconference, as prescribed, provided it also complies with all other applicable requirements of the Bagley-Keene Open Meeting Act. In this context, the bill would require a member of a state body participating by teleconference to be listed in the meeting minutes and that notice, as specified, identifying that member be provided to the public at least 24 hours before the meeting. The bill would require a state body to designate a primary physical meeting location on that notice where members of the public may attend the meeting and participate. participate, to include that information in the agenda of the meeting, and to post the agenda at the primary physical meeting location. The bill would require a quorum of the bodys members to be present at the primary physical meeting location and that decisions during the teleconference meeting be made by rollcall vote. The bill would require the state body, if a member participates remotely, to provide the public a way to hear the meeting or to observe it and to provide public notice, as specified, of how this would be done. Upon discovering that a means of remote access has failed during a meeting, the bill would require the body to end or adjourn the meeting, as specified, and would prescribe certain notice requirements and procedures in this connection.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.

This bill, for a state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body that does not have rulemaking authority, would instead body, would authorize an additional way of holding a meeting by teleconference, as prescribed, provided it also complies with all other applicable requirements of the Bagley-Keene Open Meeting Act. In this context, the bill would require a member of a state body participating by teleconference to be listed in the meeting minutes. minutes and that notice, as specified, identifying that member be provided to the public at least 24 hours before the meeting. The bill would require a state body that meets this description to designate a primary physical meeting location where a quorum of the members of the state body will attend and where participants may physically members of the public may attend the meeting and participate. The bill would require a quorum of the bodys members to be present at the primary physical meeting location and that decisions during the teleconference meeting be made by rollcall vote. The bill would require that the agenda include the teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely. The bill would require these state bodies, on and after January 1, 2019, to adopt teleconferencing guidelines, as specified, before holding a meeting by teleconference pursuant to these provisions. require the state body, if a member participates remotely, to provide the public a way to hear the meeting or to observe it and to provide public notice, as specified, of how this would be done. Upon discovering that a means of remote access has failed during a meeting, the bill would require the body to end or adjourn the meeting, as specified, and would prescribe certain notice requirements and procedures in this connection.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.

This bill, for an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body that does not have rulemaking or voting authority, would instead require a member of a state body participating by teleconference to be listed in the meeting minutes. The bill would require a state body that meets this description to designate a primary physical meeting location where a quorum of the members of the state body will attend and where participants may physically attend the meeting and participate. The bill would require that the agenda include the teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely. The bill would require these state bodies, on and after January 1, 2019, to adopt teleconferencing guidelines, as specified, before holding a meeting by teleconference pursuant to these provisions.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.

This bill, for an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body that does not have rulemaking or voting authority, would instead require a member of a state body participating by teleconference to be listed in the meeting minutes. The bill would require a state body that meets this description to designate a primary physical meeting location where at least one member a quorum of the members of the state body will attend and where participants may physically attend the meeting and participate. The bill would require that the agenda include the teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely. The bill would require these state bodies, on and after January 1, 2019, to adopt teleconferencing guidelines, as specified, before holding a meeting by teleconference pursuant to these provisions.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.

This bill, instead, for an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body that does not have rulemaking or voting authority, would instead require a member of a state body participating by teleconference to be listed in the meeting minutes. The bill would require a state body that meets this description to designate a primary physical meeting location where at least one member of the state body will attend and where participants may physically attend the meeting and participate. The bill would require that the agenda include the teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely. The bill would require a these state body, bodies, on and after January 1, 2019, to adopt teleconferencing guidelines, as specified, before holding a meeting by teleconference pursuant to these provisions.

Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Existing law does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body. Existing law, among other things, requires a state body that elects to conduct a meeting or proceeding by teleconference to post agendas at all teleconference locations, to identify each teleconference location in the notice and agenda, and to make each teleconference location accessible to the public. Existing law requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.

This bill, instead, would require a member of a state body participating by teleconference to be listed in the meeting minutes. The bill would require a state body to designate a primary physical meeting location where at least one member of the state body will attend and where participants may physically attend the meeting and participate. The bill would require that the agenda include the teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely. The bill would require a state body, on and after January 1, 2019, to adopt teleconferencing guidelines, as specified, before holding a meeting by teleconference pursuant to these provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2958

Author:(Quirk)

As Amended Ver:August 24, 2018

Majority vote

Original Committee Reference: G.O.

SUMMARY: This bill, for a state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body, would authorize an additional way of holding a meeting by teleconference, as prescribed, provided it also complies with all other applicable requirements of the Bagley-Keene Open Meeting Act (Bagley-Keene).

The Senate amendments:

1. State the location of a member of a state body participating remotely is not required be disclosed in the public notice or email and need not be accessible to the public. The notice of the meeting shall also identify the primary physical meeting location
2. Provide members of the state body participating remotely shall not count towards establishing a quorum. All decisions taken during a meeting by teleconference shall be by rollcall vote.
3. Provide in addition to any other requirements that may apply, the state body shall provide notice of the meeting's end or adjournment on its Internet Web site and by email to any person who has requested notice of meetings of the state body under this article.
4. Specify that upon discovering that a means of remote access has failed during a meeting, the bill would require the body to end or adjourn the meeting, as specified, and would prescribe certain notice requirements and procedures in this connection.
5. Provide if the meeting will be adjourned and reconvened on the same day, further notice shall be provided by an automated message on a telephone line posted on the state body's agenda, or by a similar means, that will communicate when the state body intends to reconvene the meeting and how a member of the public may hear audio of the meeting or observe the meeting.
6. Define "Participate remotely" as participation in a meeting at a location other than the physical location designated in the agenda of the meeting.
7. Define "Remote location" means a location other than the primary physical location designated in the agenda of a meeting.
8. Make relating technical amendments.

EXISTING LAW:

1. Requires, generally, that state boards and commissions publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public unless authorized by the Act to meet in closed session.
2. Defines a "state body" as each of the following:
   1. Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order.
   2. A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body.
   3. An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons.
   4. A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this sections serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation.
3. Provides for audio or audio and visual teleconference meetings for the benefit of the public and state body.
4. Requires that when a teleconference meeting is held that each site from which a member of the body participates must be accessible to the public.
5. Provides that all proceedings must be audible and votes must be taken by rollcall.
6. Exempts agricultural state bodies from the teleconference location requirements in Bagley-Keene.

AS PASSED BY THE ASSEMBLY, this bill modified requirements for meetings held by teleconference for certain advisory commissions, advisory boards, or other multimember advisory bodies that are created through a formal action of a state agency and do not have rulemaking or voting authority (advisory bodies).

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Purpose of the bill: According to the Author, in June 2015, The Little Hoover Commission released a report titled Conversations for a Workable Government. The report highlighted that while well intentioned, the state process for open meetings is archaic and hinders public participation. It also encouraged the Legislature to find ways to modernize public participation.

The legislature has exempted boards and commissions form Bagley-Keene because the restrictions are onerous to follow and actually stifle transparent and effective government. AB 2958 modernizes the teleconferencing provisions of Bagley-Keene to encourage more participation and engagement in public service. This bill protects public access to meetings while creating flexibility in how members of a state body participate in meetings.

Background: When the Legislature enacted the Bagley-Keene Act of 1967, it essentially said that when a body a sits down to develop its consensus, there needs to be a seat at the table reserved for the public. In doing so, the Legislature has provided the public with the ability to monitor and be part of the decision-making process. If the body were permitted to meet in secret, the public's role in the decision-making process would be negated. Therefore, absent a specific reason to keep the public out of the meeting, the public should be allowed to monitor and participate in the decision-making process.

Teleconferencing and Bagley-Keene: Video and teleconferencing are in widespread use throughout state government. Under current law, the use of video conferencing is authorized for a number of civil and criminal court appearances. This technology allows for a reduction in administration costs, transportation, security, and overtime during inmate transfer to courthouses, increased safety to correctional and court staff, and the reduction of escape risks.

The Bagley-Keene provides if a meeting is held via teleconference, it shall comply with the following requirements:

1. The meeting shall be audibly accessible at the location specified in the meeting notice.
2. Agendas shall be posted at all teleconference locations.
3. Each teleconference location shall be identified in the notice and agenda and be accessible to the public.
4. All votes shall be taken by roll call.
5. At least one member shall be physically present at the location specified in the meeting notice.

It is important to note, with the enactment of AB 1976 (Irwin, 2016), current law provides an exemption to agricultural state bodies from the location requirements in Bagley-Keene. Current law requires each teleconference location to be identified in the notice and agenda and be accessible to the public. The exemption provided in AB 1976 (Irwin) allows agricultural state bodies to only post one physical location and only requires one member to be in attendance at said location. This bill seeks to put in place an identical location exemption for all advisory state bodies.

Advisory State Body: Current law defines an advisory state body as "An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons."

Prior versions of this bill applied the teleconference location exemption to all state bodies in the state. This raised a concern that members of a state body that have voting or rulemaking authority could make a decision of consequence via telephone, which unduly limits the public's right of access. The bill in print today has narrowed the location exemption to state bodies that are advisory in capacity and do not have rulemaking or voting authority. By limiting the exemption to advisory state bodies, the author has alleviated that specific concern

In support: Support argues that, "AB 2958 will substantially reduce the barriers to committee member participation in meetings while still maintaining complete public and media access to all discussions that Bagley-Keene currently covers."

In opposition: The California News Publishers Association writes in opposition to the bill that "[I]n participatory democracy, there are intangible benefits in requiring public officials to literally face the crowd. The current teleconference rule was crafted to maintain the integrity of the democratic process by mandating that officials are publicly present when doing public business – not behind closed doors or driving on the streets to avoid confrontation."

Prior legislation: AB 1976 (Irwin), Chapter 451, Statutes of 2016. Created an exemption from the teleconference location requirements in Bagley-Keene for agricultural state bodies.

SB 103 (Liu), of 2012. Would have made substantive changes to provisions of the Act relating to teleconference meetings. (Died Assembly Appropriations Suspense File)

SB 962 (Liu), Chapter 482, Statutes of 2010. Allowed the use of videoconferencing and teleconferencing at the court's discretion and subject to availability for prisoners to participate in court proceedings for the termination of their parental rights or the court ordered dependency petition of their child.

SB 519 (Committee on Governmental Organization), Chapter 92, Statutes of 2007. Amended the Bagley-Keene Act to authorize the calling of a special meeting to provide for an interim executive officer of a state body upon the death, incapacity, or vacancy in the office of the executive officer.

AB 277 (Mountjoy), Chapter 288, Statutes of 2005. Made permanent certain provisions authorizing closed sessions for purposes of discussing security related issues pertaining to a state body.

AB 192 (Canciamilla), Chapter 243, Statutes of 2001. Made various changes to the Bagley-Keene Act, which governs meetings held by state bodies, to make it consistent with provisions of the Ralph M. Brown Act, which governs meetings of legislative bodies of local agencies.

SB 95 (Ayala), Chapter 949, Statutes of 1997. Made various changes to the Bagley-Knee Act by expanding the notice, disclosure and reporting requirements for open and closed meetings of state bodies.

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0005111

 THIRD READING  

Bill No: AB 2958

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/26/18

AYES: Dodd, Wilk, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Vidak, Wiener

NO VOTE RECORDED: Portantino

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/17/18 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill provides an additional way for specified state bodies to hold a meeting by teleconference, provided the meeting also complies with all other applicable requirements of the Bagley-Keene Open Meeting Act (Bagley-Keene).

Senate Floor Amendments of 8/24/18 require the meeting notice and agenda to include the primary physical meeting location, and require that the agenda be posted at the primary physical meeting location.

ANALYSIS:

Existing law:

1. Requires, pursuant to Bagley-Keene, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided.
2. Requires a state body that elects to conduct a meeting by teleconference to post agendas at all teleconference locations, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and all votes taken during a teleconference meeting to be taken by rollcall, among other things.
3. Exempts agricultural state bodies from the teleconference location requirements in Bagley-Keene.

This bill:

1. Provides that in addition to the existing authorization to hold a meeting by teleconference, any state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body may hold an open meeting by teleconference provided that the meeting complies with all of the following:
   1. A member of the state body participating by teleconference must be listed in the minutes of the meeting.
   2. The state body must provide notice at least 24 hours before the meeting that identifies any member who will participate remotely by posting the notice on its Internet Web site and by emailing notice to any person who has requested notice of meetings.
   3. The notice of the meeting must also identify the primary physical meeting location, but is not required to disclose information regarding any remote location.
   4. The agenda must include information regarding the physical meeting location, but is not required to disclose information regarding any remote location.
   5. The state body must designate a primary physical meeting location where participants may physically attend the meeting and participate.
   6. A quorum of the members of the state body must be in attendance at the primary physical meeting location, and members of the state body participating remotely shall not count towards establishing a quorum.
   7. All decisions taken during a meeting shall be by rollcall vote.
   8. The state body must post the agenda at the primary physical meeting location, but need not post the agenda at a remote location.
   9. The state body shall provide a means by which the public may remotely hear audio of the meeting or remotely observe the meeting, including, if available, equal access equivalent to members of the state body participating remotely.
   10. The applicable teleconference phone number or Internet Web site, or other information indicating how the public can access the meeting remotely, shall be in the 24-hour notice that is available to the public.
2. Specifies that upon discovering that a means of remote access as required by this measure has failed during a meeting, the state body shall end or adjourn the meeting, as specified.
   
3. Requires, that in addition to any other requirements that may apply, the state body shall provide notice of the meeting’s end or adjournment on its Internet Web site and by email to any person who has requested notice. If the meeting will be adjourned and reconvened on the same day, further notice shall be provided by an automated message on a telephone line posted on the state body’s agenda, or by a similar means, that will communicate when the state body intends to reconvene the meeting and how a member of the public may hear audio of the meeting or observe the meeting.
4. Defines “participate remotely” to mean participation in a meeting at a location other than the physical location designated in the agenda of the meeting.
5. Defines “remote location” to mean a location other than the primary physical location designated in the agenda of a meeting.
6. Defines “teleconference” to mean a meeting of a state body, the members of which are at different locations, connected by electronic means, through either audio or both audio and video.
7. Specifies that this bill does not limit or affect the ability of a state body to hold a teleconference meeting under another provision of law.

Background

Teleconferencing and Bagley-Keene. Video and teleconferencing are in widespread use throughout state government. Under current law, the use of video conferencing is authorized for a number of civil and criminal court appearances. This technology allows for a reduction in administration costs, transportation, security, and overtime during inmate transfer to courthouses, increased safety to correctional and court staff, and the reduction of escape risks.

Under current law, if a meeting is held via teleconference, all of the following conditions apply:

1. The portion of the meeting open to the public must be audible to the public at the location specified in the notice of the meeting.
2. Agendas must be posted at all teleconference locations.
3. Each teleconference location must be identified in the notice and agenda of the meeting, and must be accessible to the public prior to the meeting.
4. The agenda must provide opportunity for members of the public to address the state body directly.
5. All votes taken during a teleconference meeting must be taken by rollcall.
6. At least one member of the state body conducting the meeting must be physically present at the location specified in the notice of the meeting.

AB 1976 (Irwin, Chapter 541, Statutes of 2016) provided for an exemption to the above teleconference location requirements for agricultural marketing and advisory boards, commissions, and councils due to the remote locations that members of these particular state bodies reside in. Current law requires each teleconference location to be identified in the notice and agenda and be accessible to the public. This bill seeks to allow for similar flexibility to any advisory state body in conducting public meetings via teleconference.

Advisory state bodies. Often, state boards, commissions, or similar multimember bodies of the state with rulemaking and policy authority create advisory boards, committees, or commissions for the purposes of making recommendations to the rulemaking state body. These advisory state bodies are subject to the same teleconference location requirements in Bagley-Keene as the rulemaking state body to which they make recommendations.

The author points out that these advisory state bodies are comprised of individuals spread throughout the state, often serve without a per diem, and must provide for their own travel and lodging when attending meetings. Further, the author argues that current teleconference location requirements means someone teleconferencing in to the meeting potentially would have to publicly notice their home address and invite the public, or, secure a public meeting place at their own expense.

Related/Prior Legislation

AB 1976 (Irwin, Chapter 451, Statutes of 2016) created an exemption from the teleconference meeting requirements in Bagley-Keene for agricultural state bodies.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/24/18)

None received

OPPOSITION: (Verified 8/24/18)

Board of Registered Nursing

ARGUMENTS IN SUPPORT: According to the author, “in June 2015, The Little Hoover Commission released a report titled ‘Conversations for a Workable Government.’ The report highlighted that while well intentioned, the state process for open meetings is archaic and hinders public participation. It also encouraged the Legislature to find ways to modernize public participation.”

ARGUMENTS IN OPPOSITION: According to the Board of Registered Nursing, “[m]any complex issues face the Board today. As a result, there are circumstances that warrant the creation of an advisory body comprised of various volunteer experts who meet to compile information, conduct and discuss research, and prepare various reports and recommendations to the Board. It is sometimes difficult for all or most members to travel to a central location to do this work as they all have full time careers they must attend to and are located throughout California. This could place an onerous requirement on volunteers to take additional time off work to travel to meetings.”

ASSEMBLY FLOOR: 73-0, 5/17/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth

Prepared by:

8/27/18 19:50:37

**** END ****

 THIRD READING  

Bill No: AB 2958

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/26/18

AYES: Dodd, Wilk, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Vidak, Wiener

NO VOTE RECORDED: Portantino

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/17/18 - See last page for vote

SUBJECT: State bodies: meetings: teleconference

SOURCE: Author

DIGEST:

This bill provides an additional way for specified state bodies to hold a meeting by teleconference, provided the meeting also complies with all other applicable requirements of the Bagley-Keene Open Meeting Act (Bagley-Keene).

ANALYSIS:

Existing law:

1. Requires, pursuant to Bagley-Keene, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided.
2. Requires a state body that elects to conduct a meeting by teleconference to post agendas at all teleconference locations, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and all votes taken during a teleconference meeting to be taken by rollcall, among other things.
3. Exempts agricultural state bodies from the teleconference location requirements in Bagley-Keene.

This bill:

1. Provides that in addition to the existing authorization to hold a meeting by teleconference, any state body that is an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body may hold a meeting by teleconference provided that the meeting complies with all of the following:
   1. A member of the state body participating by teleconference must be listed in the minutes of the meeting and the state body must provide notice at least 24 hours before the meeting on its Internet Web site and by emailing notice to any person who has requested notice of meetings.
   2. The state body designates a primary physical meeting location where participants may physically attend the meeting and participate.
   3. A quorum of the members of the state body shall be in attendance at the primary physical meeting location, and members of the state body participating remotely shall not count towards establishing a quorum.
   4. All decisions taken during a meeting shall be by rollcall vote.
   5. The state body shall provide a means by which the public may remotely hear audio of the meeting or remotely observe the meeting.
   6. The applicable teleconference phone number or Internet Web site, or other information indicating how the public can access the meeting remotely, shall be in the 24-hour notice that is available to the public.
2. Provides that the location of a member of a state body participating remotely is not required to be disclosed in the public notice or email and need not be accessible to the public.
3. Specifies that upon discovering that a means of remote access as required by this measure has failed during a meeting, the state body shall end or adjourn the meeting, as specified.
4. Requires, that in addition to any other requirements that may apply, the state body shall provide notice of the meeting’s end or adjournment on its Internet Web site and by email to any person who has requested notice. If the meeting will be adjourned and reconvened on the same day, further notice shall be provided by an automated message on a telephone line posted on the state body’s agenda, or by a similar means, that will communicate when the state body intends to reconvene the meeting and how a member of the public may hear audio of the meeting or observe the meeting.

Background

Purpose of the bill. According to the author, “in June 2015, The Little Hoover Commission released a report titled ‘Conversations for a Workable Government.’ The report highlighted that while well intentioned, the state process for open meetings is archaic and hinders public participation. It also encouraged the Legislature to find ways to modernize public participation.”

Teleconferencing and Bagley-Keene. Video and teleconferencing are in widespread use throughout state government. Under current law, the use of video conferencing is authorized for a number of civil and criminal court appearances. This technology allows for a reduction in administration costs, transportation, security, and overtime during inmate transfer to courthouses, increased safety to correctional and court staff, and the reduction of escape risks.

Under current law, if a meeting is held via teleconference, all of the following conditions apply:

1. The portion of the meeting open to the public must be audible to the public at the location specified in the notice of the meeting.
2. Agendas must be posted at all teleconference locations.
3. Each teleconference location must be identified in the notice and agenda of the meeting, and must be accessible to the public prior to the meeting.
4. The agenda must provide opportunity for members of the public to address the state body directly.
5. All votes taken during a teleconference meeting must be taken by rollcall.
6. At least one member of the state body conducting the meeting must be physically present at the location specified in the notice of the meeting.

AB 1976 (Irwin, Chapter 541, Statutes of 2016) provided for an exemption to the above teleconference location requirements for agricultural marketing and advisory boards, commissions, and councils due to the remote locations that members of these particular state bodies reside in. Current law requires each teleconference location to be identified in the notice and agenda and be accessible to the public. This bill seeks to allow for similar flexibility to any advisory state body in conducting public meetings via teleconference.

Advisory state bodies. Often, state boards, commissions, or similar multimember bodies of the state with rulemaking and policy authority create advisory boards, committees, or commissions for the purposes of making recommendations to the rulemaking state body. These advisory state bodies are subject to the same teleconference location requirements in Bagley-Keene as the rulemaking state body to which they make recommendations.

The author points out that these advisory state bodies are comprised of individuals spread throughout the state, often serve without a per diem, and must provide for their own travel and lodging when attending meetings. Further, the author argues that current teleconference location requirements means someone teleconferencing in to the meeting potentially would have to publicly notice their home address and invite the public, or, secure a public meeting place at their own expense.

Related/Prior Legislation

AB 1976 (Irwin, Chapter 451, Statutes of 2016) created an exemption from the teleconference meeting requirements in Bagley-Keene for agricultural state bodies.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/7/18)

An individual

OPPOSITION: (Verified 8/7/18)

Board of Registered Nursing

California News Publishers Association

ARGUMENTS IN SUPPORT: Support argues that, “AB 2958 will substantially reduce the barriers to committee member participation in meetings while still maintaining complete public and media access to all discussions that Bagley-Keene currently covers.”

ARGUMENTS IN OPPOSITION: The California News Publishers Association writes in opposition to the bill that “[I]n participatory democracy, there are intangible benefits in requiring public officials to literally face the crowd. The current teleconference rule was crafted to maintain the integrity of the democratic process by mandating that officials are publicly present when doing public business – not behind closed doors or driving on the streets to avoid confrontation.”

ASSEMBLY FLOOR: 73-0, 5/17/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth

Prepared by:

8/8/18 16:00:35

**** END ****

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: 2958 Hearing Date: 6/26/2018

SUBJECT: State bodies: meetings: teleconference

DIGEST: This bill provides specified exemptions from the Bagley-Keene Open Meeting Act (Bagley-Keene) for advisory state bodies that conduct meetings via teleconference.

ANALYSIS:

Existing law:

1. Bagley-Keene, requires, with specified exceptions, that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided.
2. Does not prohibit a state body from holding an open or closed meeting by teleconference for the benefit of the public and state body.
3. Requires a state body that elects to conduct a meeting by teleconference to post agendas at all teleconference locations, identify each teleconference location in the notice and agenda, make each teleconference location accessible to the public, and all votes taken during a teleconference meeting to be taken by rollcall, among other things.
4. Requires the agenda to provide an opportunity for members of the public to address the state body directly at each teleconference location, as specified.
5. Defines a "state body" to mean each of the following:
   1. Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order.
   2. A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body.
   3. An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons.
   4. A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this section serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation.
6. Exempts agricultural state bodies from the teleconference location requirements in Bagley-Keene.

This bill:

1. Provides that any meeting held by teleconference by any advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body meet all of the following requirements:
   1. A member of the advisory state body participating by teleconference must be listed in the minutes of the meeting and must provide notice of his or her participation by teleconference at least 24 hours before the meeting.
   2. Requires an advisory state body to designate a primary physical meeting location where participants may physically attend the meeting and participate.
   3. Requires a quorum of the members of the advisory state body to be in attendance at the primary physical meeting location.
   4. The teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, must be included in the agenda, which must be made available to the public.
2. Specifies that this bill does not exempt an advisory state body from providing information regarding the physical location of a state body meeting or any teleconference participation information, including the identity of an advisory state body member who might be participating via teleconference.
3. Requires that on and after January 1, 2019, prior to holding a meeting by teleconference pursuant to this bill, an advisory state body shall adopt teleconferencing guidelines consistent with this section to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.

Background

Purpose of the bill. According to the author, “in June 2015, The Little Hoover Commission released a report titled ‘Conversations for a Workable Government.’ The report highlighted that while well intentioned, the state process for open meetings is archaic and hinders public participation. It also encouraged the Legislature to find ways to modernize public participation.”

Further, the author states that the “Legislature has exempted boards and commissions form Bagley-Keen because the restrictions are onerous to follow and actually stifle transparent and effective government. AB 2958 modernizes the teleconferencing provisions of Bagley-Keene to encourage more participation and engagement in public service. This bill protects public access to meetings while creating flexibility in how members of an advisory committee participate in meetings.”

Bagley-Keene Act of 1967. When the Legislature enacted Bagley-Keene Act, it essentially said that when a body sits down to develop its consensus, there needs to be a seat at the table reserved for the public. In doing so, the Legislature has provided the public with the ability to monitor and be part of the decision-making process. If the body were permitted to meet in secret, the public's role in the decision-making process would be negated. Therefore, absent a specific reason to keep the public out of the meeting, the public should be allowed to monitor and participate in the decision-making process.

Teleconferencing and Bagley-Keene. Video and teleconferencing are in widespread use throughout state government. Under current law, the use of video conferencing is authorized for a number of civil and criminal court appearances. This technology allows for a reduction in administration costs, transportation, security, and overtime during inmate transfer to courthouses, increased safety to correctional and court staff, and the reduction of escape risks.

Under current law, if a meeting is held via teleconference, all of the following conditions apply:

1. The portion of the meeting open to the public must be audible to the public at the location specified in the notice of the meeting.
2. Agendas must be posted at all teleconference locations.
3. Each teleconference location must be identified in the notice and agenda of the meeting, and must be accessible to the public prior to the meeting.
4. The agenda must provide opportunity for members of the public to address the state body directly.
5. All votes taken during a teleconference meeting must be taken by rollcall.
6. At least one member of the state body conducting the meeting must be physically present at the location specified in the notice of the meeting.

It is important to note that AB 1976 (Irwin, Chapter 541, Statutes of 2016) provided for an exemption to the above teleconference location requirements for agricultural marketing and advisory boards, commissions, and councils due to the remote locations that members of these particular state bodies reside in. Current law requires each teleconference location to be identified in the notice and agenda and be accessible to the public. The exemption provided in AB 1976 allows agricultural state bodies to only post one physical location, and only requires one member to be in attendance at that particular location. This bill seeks to put in place a similar location exemption for all advisory state bodies; however, this bill requires that a quorum of the members of the advisory state body be present at the noticed physical location.

Advisory state bodies. Often, state boards, commissions, or similar multimember bodies of the state with rulemaking and policy authority create advisory boards, committees, or commissions for the purposes of making recommendations to the rulemaking state body. These advisory state bodies are subject to the same teleconference location requirements in Bagley-Keene as the rulemaking state body to which they make recommendations.

The author points out that these advisory state bodies are comprised of individuals spread throughout the state, often serve without a per diem, and must provide for their own travel and lodging when attending meetings. Further, the author argues that current teleconference location requirements means someone teleconferencing in to the meeting potentially would have to publicly notice their home address and invite the public, or, secure a public meeting place at their own expense.

Prior/Related Legislation

SB 984 (Skinner, 2018) requires the composition of each appointed state board and commission to have a specified minimum number of women board members or commissioners based on the total number of members on that board. (Pending in the Assembly Accountability & Administrative Review Committee)

AB 1976 (Irwin, Chapter 451, Statutes of 2016) created an exemption from the teleconference meeting requirements in Bagley-Keene for agricultural state bodies.

SB 103 (Liu, 2011) would have made substantive changes to provisions of Bagley-Keene relating to teleconference meetings. (Held on the Assembly Appropriations Committee Suspense File)

SB 962 (Liu, Chapter 482, Statutes of 2010) allowed the use of videoconferencing and teleconferencing at the court's discretion and subject to availability for prisoners to participate in court proceedings for the termination of their parental rights or the court ordered dependency petition of their child.

SB 519 (Committee on Governmental Organization, Chapter 92, Statutes of 2007) amended the Bagley-Keene Act to authorize the calling of a special meeting to provide for an interim executive officer of a state body upon the death, incapacity, or vacancy in the office of the executive officer.

AB 277 (Mountjoy, Chapter 288, Statutes of 2005) made permanent certain provisions authorizing closed sessions for purposes of discussing security related issues pertaining to a state body.

SB 95 (Ayala, Chapter 949, Statutes of 1997) made various changes to Bagley-Knee by expanding the notice, disclosure and reporting requirements for open and closed meetings of state bodies.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT:

None received

OPPOSITION:

Board of Registered Nursing

California News Publishers

ARGUMENTS IN OPPOSITION: The Board of Registered Nursing (Board) writes in opposition to this bill that, “[m]any complex issues face the Board today. As a result, there are circumstances that warrant the creation of an advisory body comprised of various volunteer experts who meet to compile the information, conduct and discuss research, and prepare various reports and recommendations to the Board. It is sometimes difficult for all or most members to travel to a central location to do this work as they all have full time careers they must attend to and are located throughout California. This could place an onerous requirement on volunteers to take additional time off work to travel to meetings.”

ASSEMBLY THIRD READING

ATR Bill Id:AB 2958

Author:(Quirk)

As Amended Ver:April 25, 2018

Majority vote

SUMMARY: Makes changes to the Bagley-Keene Open Meeting Act (Bagley-Keene) relating to meetings held by an advisory state body via teleconference. Specifically, this bill:

1. Requires all the following to apply to a meeting held by teleconference by an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body that does not have rulemaking or voting authority:
   1. A member of an advisory state body participating by teleconference must be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
   2. Requires the advisory state body holding a meeting via teleconference to designate a primary physical meeting location where participants may physically attend the meeting and participate. Requires at least a quorum of members of the state body to be in attendance at the primary physical meeting location.
   3. The teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, to be included in the agenda, which shall be available to the public.
2. Clarifies that the bill does not exempt an advisory state body from providing information regarding the physical location of a state body meeting or any teleconference participation information, including the identity of a state body member who might be participating by teleconference.
3. Requires, on and after January 1, 2019, prior to holding a meeting by teleconference pursuant to this bill, an advisory state body shall adopt teleconferencing regulations to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.

EXISTING LAW:

1. Requires, generally, that state boards and commissions publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public unless authorized by the Act to meet in closed session.
2. Defines a "state body" as each of the following:
   1. Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order.
   2. A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body.
   3. An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons.
   4. A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this sections serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation.
3. Provides for audio or audio and visual teleconference meetings for the benefit of the public and state body.
4. Requires that when a teleconference meeting is held that each site from which a member of the body participates must be accessible to the public.
5. Provides that all proceedings must be audible and votes must be taken by rollcall.
6. Exempts agricultural state bodies from the teleconference location requirements in Bagley-Keene.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose of the bill: According to the Author, in June 2015, The Little Hoover Commission released a report titled Conversations for a Workable Government. The report highlighted that while well intentioned, the state process for open meetings is archaic and hinders public participation. It also encouraged the Legislature to find ways to modernize public participation.

The legislature has exempted boards and commissions form Bagley-Keen because the restrictions are onerous to follow and actually stifle transparent and effective government. This bill modernizes the teleconferencing provisions of Bagley-Keene to encourage more participation and engagement in public service. This bill protects public access to meetings while creating flexibility in how members of a state body participate in meetings.

Background: When the Legislature enacted the Bagley-Keene Act of 1967 it essentially said that when a body a sits down to develop its consensus, there needs to be a seat at the table reserved for the public. In doing so, the Legislature has provided the public with the ability to monitor and be part of the decision-making process. If the body were permitted to meet in secret, the public's role in the decision-making process would be negated. Therefore, absent a specific reason to keep the public out of the meeting, the public should be allowed to monitor and participate in the decision-making process.

Teleconferencing and Bagley-Keene: Video and teleconferencing are in widespread use throughout state government. Under current law, the use of video conferencing is authorized for a number of civil and criminal court appearances. This technology allows for a reduction in administration costs, transportation, security, and overtime during inmate transfer to courthouses, increased safety to correctional and court staff, and the reduction of escape risks.

Bagley-Keene provides if a meeting is held via teleconference, it shall comply with the following requirements:

1. The meeting shall be audibly accessible at the location specified in the meeting notice.
2. Agendas shall be posted at all teleconference locations.
3. Each teleconference location shall be identified in the notice and agenda and be accessible to the public.
4. All votes shall be taken by roll call.
5. At least one member shall be physically present at the location specified in the meeting notice.

It is important to note, with the enactment of AB 1976 (Irwin), Chapter 451, Statutes of 2016, current law provides an exemption to agricultural state bodies from the location requirements in Bagley-Keene. Current law requires each teleconference location to be identified in the notice and agenda and be accessible to the public. The exemption provided in AB 1976 (Irwin) allows agricultural state bodies to only post one physical location and only requires one member to be in attendance at said location. This bill seeks to put in place an identical location exemption for all advisory state bodies.

Advisory State Body: Current law defines an advisory state body as "An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons."

Prior versions of this bill applied the teleconference location exemption to all state bodies in the state. This raised a concern that members of a state body that have voting or rulemaking authority could make a decision of consequence via telephone, which unduly limits the public's right of access. This bill in print today has narrowed the location exemption to state bodies that are advisory in capacity and do not have rulemaking or voting authority. By limiting the exemption to advisory state bodies, the author has alleviated that specific concern

Prior/Related Legislation: AB 1976 (Irwin), Chapter 451, Statutes of 2016. Created an exemption from the teleconference location requirements in Bagley-Keene for agricultural state bodies.

SB 103 (Liu) of 2011. Would have made substantive changes to provisions of the Act relating to teleconference meetings. (Held in the Assembly Appropriations Suspense File)

SB 962 (Liu), Chapter 482, Statutes of 2010. Allowed the use of videoconferencing and teleconferencing at the court's discretion and subject to availability for prisoners to participate in court proceedings for the termination of their parental rights or the court ordered dependency petition of their child.

SB 519 (Governmental Organization Committee), Chapter 92, Statutes of 2007. Amended the Bagley-Keene Act to authorize the calling of a special meeting to provide for an interim executive officer of a state body upon the death, incapacity, or vacancy in the office of the executive officer.

AB 277 (Mountjoy), Chapter 288, Statutes of 2005. Made permanent certain provisions authorizing closed sessions for purposes of discussing security related issues pertaining to a state body.

AB 192 (Canciamilla), Chapter 243, Statutes of 2001. Made various changes to the Bagley-keene Act, which governs meetings held by state bodies, to make it consistent with provisions of the Ralph M. Brown Act, which governs meetings of legislative bodies of local agencies.

SB 95 (Ayala), Chapter 949, Statutes of 1997. Made various changes to the Bagley-Knee Act by expanding the notice, disclosure and reporting requirements for open and closed meetings of state bodies.

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531 FN: 0002899

Date of Hearing: May 9, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2958

Author:(Quirk) – As Amended Ver:April 25, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill modifies requirements for meetings held by teleconference for certain advisory commissions, advisory boards, or other multimember advisory bodies that are created through a formal action of a state agency and do not have rulemaking or voting authority (advisory bodies). Specifically, this bill:

1. Requires a member of an advisory body to list the minutes of the meeting and provides notice of his or her participation by teleconference at least 24 hours before the meeting.
2. Requires the advisory body to designate a primary physical meeting location and requires a quorum of the members of the body to be in attendance at that meeting location.
3. Requires a state body, prior to holding a meeting by teleconference, to adopt teleconferencing regulations to address issues such as technical difficulties, ensuring transparency and public participation

FISCAL EFFECT:

1. One-time and likely modest cost pressures (General Fund and special fund) across affected advisory bodies as a result of the need to develop policies and procedures to implement the provisions of this bill.

AB 2958 affects a type of state body – advisory bodies created through formal action by a state agency (and not by statute) that lacks rulemaking or voting authority – that typically does not receive direct funding. However, these entities may sometimes use state resources such as facilities or staff time for the planning of meetings. The need to develop procedures and rules around new teleconferencing requirements is likely to generate some cost pressures. These cost pressures may be reduced if departments and state agencies adopt boilerplate teleconferencing procedures.

1. Significant ongoing savings across advisory bodies due to reduced need for travel and facilities. These savings are likely to exceed any one-time costs associated with developing new teleconferencing procedures.

COMMENTS:

1. Background and purpose. The Bagley-Keene Act allows for meetings held via teleconference if a certain conditions are met. Among those conditions is that each teleconference location be accessible to the public and at least one member of the body must be physically present at each location.

According to the author, AB 2958 will modernize the teleconferencing provisions of Bagley-Keene by creating flexibility in how members of a state body participate in meetings while protecting the public access to meetings. AB 2958 applies only to advisory bodies without rulemaking or voting authority.

1. Recent legislation. AB 1976 (Irwin), Chapter 451, Statutes of 2016, creates an exemption from the teleconference location requirements in Bagley-Keene for agricultural state bodies.
2. Opposition. AB 2958 is opposed by the California News Publishers Association, who argues the bill subverts Bagley-Keene’s requirements that were created so that public officials do business in public and not behind closed doors.

Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081

Date of Hearing: April 18, 2018

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 2958 (

Author:Quirk) – As Amended Ver:April 12, 2018

SUBJECT: State bodies: meetings: teleconference

SUMMARY: Makes changes to the Bagley-Keene Open Meeting Act (Bagley-Keene) relating to meetings held by an advisory state body via teleconference. Specifically, this bill:

1. Requires all the following to apply to a meeting held by teleconference by an advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body that does not have rulemaking or voting authority:
2. A member of an advisory state body participating by teleconference must be listed in the minutes of the meeting and shall provide notice of his or her participation by teleconference at least 24 hours before the meeting.
3. Requires the advisory state body holding a meeting via teleconference to designate a primary physical meeting location where participants may physically attend the meeting and participate. Requires at least one member of the state body to be in attendance at the primary physical meeting location.
4. The teleconference phone number and, if applicable, the Internet Web site or other information indicating how the public can access the meeting remotely, to be included in the agenda, which shall be available to the public.
5. Clarifies that the bill does not exempt an advisory state body from providing information regarding the physical location of a state body meeting or any teleconference participation information, including the identity of a state body member who might be participating by teleconference.
6. Requires, on and after January 1, 2019, prior to holding a meeting by teleconference pursuant to this bill, an advisory state body shall adopt teleconferencing regulations to address issues that include, but are not limited to, cancellations as a result of technical difficulties, ensuring transparency, and public participation.

EXISTING LAW:

1. Requires, generally, that state boards and commissions publicly notice their meetings, prepare agendas, accept public testimony, and conduct their meetings in public unless authorized by the Act to meet in closed session.
2. Defines a "state body" as each of the following:
   1. Every state board, or commission, or similar multimember body of the state that is created by statute or required by law to conduct official meetings and every commission created by executive order.
   2. A board, commission, committee, or similar multimember body that exercises any authority of a state body delegated to it by that state body.
   3. An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons.
   4. A board, commission, committee, or similar multimember body on which a member of a body that is a state body pursuant to this sections serves in his or her official capacity as a representative of that state body and that is supported, in whole or in part, by funds provided by the state body, whether the multimember body is organized and operated by the state body or by a private corporation.
3. Provides for audio or audio and visual teleconference meetings for the benefit of the public and state body.
4. Requires that when a teleconference meeting is held that each site from which a member of the body participates must be accessible to the public.
5. Provides that all proceedings must be audible and votes must be taken by rollcall.
6. Exempts agricultural state bodies from the teleconference location requirements in Bagley-Keene.

FISCAL EFFECT: Unknown

COMMENTS:

Purpose of the bill: According to the Author, in June 2015, The Little Hoover Commission released a report titled Conversations for a Workable Government. The report highlighted that while well intentioned, the state process for open meetings is archaic and hinders public participation. It also encouraged the Legislature to find ways to modernize public participation.

The legislature has exempted boards and commissions form Bagley-Keen because the restrictions are onerous to follow and actually stifle transparent and effective government. AB 2958 modernizes the teleconferencing provisions of Bagley-Keene to encourage more participation and engagement in public service. This bill protects public access to meetings while creating flexibility in how members of a state body participate in meetings.

Background: When the Legislature enacted the Bagley-Keene Act of 1967 it essentially said that when a body a sits down to develop its consensus, there needs to be a seat at the table reserved for the public. In doing so, the Legislature has provided the public with the ability to monitor and be part of the decision-making process. If the body were permitted to meet in secret, the public's role in the decision-making process would be negated. Therefore, absent a specific reason to keep the public out of the meeting, the public should be allowed to monitor and participate in the decision-making process.

Teleconferencing and Bagley-Keene: Video and teleconferencing are in widespread use throughout state government. Under current law, the use of video conferencing is authorized for a number of civil and criminal court appearances. This technology allows for a reduction in administration costs, transportation, security, and overtime during inmate transfer to courthouses, increased safety to correctional and court staff, and the reduction of escape risks.

Bagley-Keene provides if a meeting is held via teleconference, it shall comply with the following requirements:

1. The meeting shall be audibly accessible at the location specified in the meeting notice.
2. Agendas shall be posted at all teleconference locations.
3. Each teleconference location shall be identified in the notice and agenda and be accessible to the public.
4. All votes shall be taken by roll call.
5. At least one member shall be physically present at the location specified in the meeting notice.

It is important to note, with the enactment of AB 1976 (Irwin, 2016), current law provides an exemption to agricultural state bodies from the location requirements in Bagley-Keene. Current law requires each teleconference location to be identified in the notice and agenda and be accessible to the public. The exemption provided in AB 1976 (Irwin) allows agricultural state bodies to only post one physical location and only requires one member to be in attendance at said location. This bill seeks to put in place an identical location exemption for all advisory state bodies.

Advisory State Body: Current law defines an advisory state body as “An advisory board, advisory commission, advisory committee, advisory subcommittee, or similar multimember advisory body of a state body, if created by formal action of the state body or of any member of the state body, and if the advisory body so created consists of three or more persons.”

Prior versions of this bill applied the teleconference location exemption to all state bodies in the state. This raised a concern that members of a state body that have voting or rulemaking authority could make a decision of consequence via telephone, which unduly limits the public’s right of access. The bill in print today has narrowed the location exemption to state bodies that are advisory in capacity and do not have rulemaking or voting authority. By limiting the exemption to advisory state bodies, the author has alleviated that specific concern

Opposition: The California News Publishers Association writes in opposition: “AB 2958 would significantly diminish the compromise struck in establishing the rules for holding a teleconference. The purpose of requiring public access to each location was intended to retain the public’s ability to attend and participate in those meetings at any location where a member appears. Teleconference was offered for a benefit to the public official who needed to participate telephonically, and also a convenience to any member of the public who might want to attend from that secondary location.

It is an essential element of the open meeting law that the public be guaranteed the right to speak at a teleconference meeting in front of the public officials who make decisions. AB 2958 deletes that requirement. Indeed, AB 2958’s proposal eliminates the public’s ability to attend any meeting except from the main location of a teleconference. This subverts the intent of the Bagley-Keene’s requirement that public officials doing public business do it in public. In participatory democracy, there are intangible benefits to requiring public officials to literally face the crowd. The current teleconference rule was crafted to maintain the integrity of the democratic process by requiring that public officials actually do business in public—not behind closed doors or while driving on the streets to avoid a public confrontation.

The stated reason for this bill is to provide more convenience for those who serve state agencies.

The constitutional right of the public to attend and speak in meetings should never be subservient to the convenience of public officials wanting to conduct public business.”

Author Amendment: The author will be offering and accepting an amendment to require a quorum of the advisory state body to be in attendance at the designated location on the notice and agenda. This goes further to protect the public’s right of access, while giving the state body and some of its members the flexibility to participate via teleconference. See below:

Sec. 11123 .5(b) A state body described in this section shall designate a primary physical meeting location where participants may physically attend the meeting and participate. At least one member A quorum of the state body shall be in attendance at the primary physical meeting location.

Prior/Related Legislation: AB 1976 (Irwin), Chapter 451, Statutes of 2016. Created an exemption from the teleconference location requirements in Bagley-Keene for agricultural state bodies.

SB 103 (Liu), 2011-2012 Legislative Session. Would have made substantive changes to provisions of the Act relating to teleconference meetings. (Died Assembly Appropriations Suspense File)

SB 962 (Liu), Chapter 482, Statutes of 2010. Allowed the use of videoconferencing and teleconferencing at the court's discretion and subject to availability for prisoners to participate in court proceedings for the termination of their parental rights or the court ordered dependency petition of their child.

SB 519 (Committee on Governmental Organization), Chapter 92, Statutes of 2007. Amended the Bagley-Keene Act to authorize the calling of a special meeting to provide for an interim executive officer of a state body upon the death, incapacity, or vacancy in the office of the executive officer.

AB 277 (Mountjoy), Chapter 288, Statutes of 2005. Made permanent certain provisions authorizing closed sessions for purposes of discussing security related issues pertaining to a state body.

AB 192 (Canciamilla), Chapter 243, Statutes of 2001. Made various changes to the Bagley-keene Act, which governs meetings held by state bodies, to make it consistent with provisions of the Ralph M. Brown Act, which governs meetings of legislative bodies of local agencies.

SB 95 (Ayala), Chapter 949, Statutes of 1997. Made various changes to the Bagley-Knee Act by expanding the notice, disclosure and reporting requirements for open and closed meetings of state bodies.

Support

None of file

Opposition

California News Publishers Association

Analysis Prepared by: Kenton Stanhope / G.O. / (916) 319-2531