AB 409

Bill Subjects

Abstract

Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as specified. Existing law, until January 1, 2026, authorizes a California community college student body association and other specified student-run community college organizations to use alternate teleconferencing provisions related to notice, agenda, and public participation, as prescribed, if, among other requirements, the board of trustees of the community college district has adopted an authorizing resolution and 23 of an eligible legislative body votes to use the alternate teleconferencing provisions, as specified. This bill would specify that the California community college student body associations and student-run community college organizations described above are those in any community college recognized within the California Community Colleges system and would extend the authorization, as described above, to the Student Senate for California Community Colleges. Existing law authorizes a California community college student body association or student-run community college organization described above to use the alternate teleconferencing provisions if, among other things, at least a quorum of the members of the body participate from a singular physical location that is accessible to the public and is within the community college district in which the association or organization is established. Existing law requires a meeting held pursuant to these alternate teleconferencing provisions to comply with certain requirements, including that the student body association or student-run community college organization, if a meeting is held during regular business hours of the office of the board of trustees of the community college district, provides a publicly accessible physical location from which the public may attend or comment, as specified, or, if a meeting is held outside the regular business hours, makes reasonable efforts to accommodate any member of the public that requests an accommodation, as defined, to participate in the meeting. This bill would exempt from the above-described quorum, physical location, and accommodation requirements the California Online Community College. The bill would extend the authorization for California community college student body associations and student-run community college organizations to use the above-described alternate teleconferencing provisions through January 1, 2030. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.