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HomeMy WebLinkAboutG.13 SB 707SENATE BILL 707 IMPLEMENTATION Adrian Guerra, City Attorney AGENDA Background Overview Policy & Implementation Questions BACKGROUND •Prior legislation includes Assembly Bills 361 and 2449 Existing teleconferencing framework •Senate Bill No. 707 (“SB 707”) was signed into law on October 3, 2025 •SB 707 updates the Ralph M. Brown Act’s open meeting laws to provide greater flexibility in teleconferencing and enhance accessibility requirements Translation services Real-time captioning •Takes effect on July 1, 2026 •Remains in effect through January 1, 2030 OVERVIEW •SB 707 requires the City Council to formally authorize teleconferencing for advisory bodies, including commissions, committees, and boards, through a resolution or policy (Gov. Code § 54953.8.6) •New provisions in SB 707 are only applicable to city councils and “eligible legislative bodies” “A city council of a city located in a county with a population of 600,000 or more” (Gov.Code §54953.4) •Updates the open meeting laws to enhance public participation, transparency, and accessibility IMPLEMENTATION Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Commission Meetings Hybrid Meeting Format Meetings of the City Council and commissions approved for teleconferencing shall be conducted in a hybrid-format Consisting of two-way telephonic or audiovisual platform, with a call-in option and automatic captioning activated if the platform provides this feature, pursuant to Government Code section 54953.4(b)(1) (Ex: Zoom) Broadcast Disruption Procedures •If audio, video, or the entire teleconference platform fails in a manner that prevents the public from observing or participating remotely, the presiding officer shall recess the meeting. •The City Clerk or appropriate technical personnel shall take immediate corrective action to restore service. •Notice of the disruption shall be posted on the City’s website and announced at the in-person meeting location, if feasible. •If remote access cannot be restored within one (1) hour, the City Council or approved commission shall conduct a roll call vote confirming that good faith efforts were made to restore service and shall make a finding that the public interest in continuing the meeting outweighs the need for remote access before proceeding in accordance with Government Code section 54953.8(b)(7). •If a disruption affects a Councilmember or a commissioner participating remotely due to an authorized basis, including for just cause or as a reasonable accommodation for a disability, the presiding officer shall determine whether quorum is maintained and shall recess the meeting if necessary to restore quorum or connectivity. •All disruption procedures shall apply equitably whether the disruption affects the public, a Councilmember/ a commissioner (for commissions approved for teleconferencing pursuant to Section VII below), or a member participating remotely for disability accommodation. •These procedures also apply to disruptions impacting individuals participating remotely as a reasonable accommodation under applicable law. Disruptions by Members of the Public •In addition to authority exercised pursuant to Government Code sections 54954.3 and 54957.9, the presiding officer or their designee may remove, or cause the removal of, an individual who is disrupting a meeting, including a teleconferenced meeting, consistent with Government Code section 54957.95. •Prior to removal, the presiding officer or their designee shall warn the individual that their behavior is disrupting the meeting and that failure to cease the behavior may result in removal. If the individual does not promptly cease the disruptive behavior, the presiding officer or their designee may remove the individual. •“Disrupting” means engaging in behavior during a meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including failure to comply with reasonable and lawful regulations governing public comment. •Note:A warning is not required if the behavior constitutes use of force or a true threat of force, meaning a threat that a reasonable observer would perceive as an actual threat to use force. Remote Participation by Councilmembers and Commissioners Just Cause •Expanded from previous law. •A Councilmember or commissioner may participate remotely for “just cause” as defined by Government Code section 54953.8.3(c), including childcare or caregiving needs, a contagious illness, official City- related travel, a physical or family medical emergency, or military service obligations. •The legal basis for remote participation shall be disclosed and recorded in the meeting minutes as required by law. Emergency Circumstances •Remote participation due to emergency circumstances shall comply with applicable statutory requirements, including required findings and disclosures (e.g., natural disaster). Disability Accommodation •A Councilmember with a qualifying disability may participate remotely as a reasonable accommodation consistent with state and federal law. •Participation may occur via audio only if the disability prevents on-camera participation. •Once granted, such remote participation shall count toward quorum at the in-person meeting location. •Required disclosures regarding adults present at the remote location shall be made. Translation and Public Access Translation If twenty percent (20%) or more of the City’s population speaks a single non-English language and speaks English less than “very well,” based on the most recent American Community Survey data, City Council meeting agendas (but not full agenda packets) shall be translated into that language and made accessible on the City’s website pursuant to Government Code section 54953.4(b). Translation only required if both conditions are met Information available on the U.S. Census website When the applicable population threshold is met, the City shall provide translated versions of required public meeting information on a prominently linked webpage accessible from the City’s homepage, pursuant to Government Code section 54953.4(b), including: •A general explanation of the public meeting process; •Instructions for providing in-person or remote public comment; •A calendar of public meeting dates with date, time, and location; and •Posted meeting agendas. Reasonable Assistance •The City shall reasonably assist members of the public who wish to provide interpretation or translate public meetings. Arranging space for interpreters, allowing additional time for interpretation, or permitting the use of personal equipment or commercially available interpretation services. •The City shall publicize clear instructions for requesting such assistance in advance of or during meetings. Public Access •The City shall also provide a freely accessible physical location near where the agendas are posted to allow the public to post additional translations of the agenda in that location pursuant to Government Code section 54953.4(c)(3). (Ex: Billboard) •The City may use digital translation services, such as Google Translate or similar automated tools, to satisfy the translation requirements for agendas and the public meetings webpage, provided the other requirements of Government Code section 54953.4 are met. •The City is not responsible for the content or accuracy of any translation provided by such tools, in accordance with Government Code section 54953.4(b)(2). •The City may include a disclaimer noting that translations are automatically generated and may not be exact. •The City shall make reasonable efforts to ensure translations are understandable to the public and may provide additional clarification upon request. Outreach Efforts •The City shall make reasonable, good-faith efforts to invite organizations that do not traditionally participate in public meetings to attend City Council meetings. •The City retains discretion in determining what constitutes reasonable effort consistent with applicable law. •Outreach efforts may include media organizations serving non-English-speaking communities and community groups that historically have lower participation in public meetings. •Eligible subsidiary bodies of the City may be authorized by the City Council to use teleconferencing consistent with applicable law. (Gov. Code §54953.8.6.) •This policy shall only apply to advisory commissions if authorized for use by the City Council. •Members participating remotely shall maintain real-time, two- way communication for the duration of the meeting unless participating remotely due to a qualifying disability. •The City Council shall adopt resolutions authorizing such teleconferencing and, if so adopted, may reauthorize teleconferencing for eligible subsidiary bodies every six (6) months by majority vote confirming that such practice serves the public interest. Teleconferencing Authorization for Eligible Subsidiary Bodies Miscellaneous Social Media Use •Councilmembers may participate in individual communications on internet-based social media platforms for specified purposes, provided that a majority of Councilmembers do not use the platform to discuss or deliberate on matters within the City’s subject matter jurisdiction. •This exception is now permanent pursuant to SB 707 and consistent with Government Code section 54952.2(b). Brown Act Copies •The City Clerk shall provide a copy of the Brown Act to each Councilmember as required by Government Code section 54952.7. Oral Reporting of Compensation Decisions •Prior to final action on compensation for the City Manager, any department head, or other comparable administrative officer, the City Council shall orally report, during the open meeting at which the final action is to be taken, a summary of any recommendation for final action. QUESTIONS?