The Ralph M. Brown Act (Brown Act) requires local legislative bodies to hold open and public meetings, with limited exceptions, and to permit all persons be permitted to attend and participate in these meetings. Current law sets standards for teleconferencing, public notice, agenda posting, and public participation.
SB 707 significantly overhauls and standardizes key provisions of the Brown Act.
SB 707 also imposes additional requirements on “eligible legislative bodies” that do not otherwise apply to all legislative bodies subject to the Brown Act. SB 707 defines “eligible legislative body” as “a city council of a city with a population of 30,000 or more,” a “county board of supervisors of a county, or city and county, with a population of 30,000 or more,” or a “city council of a city located in a county with a population of 600,000 or more.” The definition of “eligible legislative body” also includes “the board of directors of a special district that has an internet website” for special districts that (1) include the entirety of a county with a population of 600,000 or more and the special district has over 200 full-time employees; (2) have over 1,000 full-time employees; or (3) have over 200 full-time employees and has annual revenues, based on the most recent Financial Transaction Report data published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for inflation commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year.” The current definition of “special district” under Government Code section 53835 remains unchanged by SB 707. A community college district and school district is not a “special district” as defined by Government Code section 53835, and not an “eligible legislative bodies.”
SB 707 also expands public comment rights. The Brown Act requires agendas for regular meetings to let the public directly address the legislative body on any topic of public interest. It exempts items already reviewed by a committee unless the legislative body determines the item has substantially changed. SB 707 adds new exceptions to that exemption, excluding committees focused on elections, budgets, police oversight, privacy, limiting access to public library materials, or taxes and related spending, except as otherwise specified. SB 707 directs every local agency to provide a copy of the Brown Act to all elected and appointed members of legislative bodies.
Key amongst SB 707’s provisions are the standardization of audio and visual teleconferencing rules. Each legislative body that uses teleconferencing will need to provide two-way audiovisual or telephonic access and a live webcast that lets the public both see and hear the meeting. The legislative body must record in its minutes the names of members who participate remotely and the specific law that authorizes each member’s remote participation. Each local agency must identify and make available meeting locations for use by legislative bodies. Members with disabilities will still be able to participate remotely as a reasonable accommodation.
SB 707 redefines “teleconference” to exclude situations where members only watch or listen through non-interactive media. SB 707 requires all legislative bodies to post special meeting notices on their websites and establishes uniform emergency meeting procedures across all local agencies. The bill applies these provisions to neighborhood councils, student body associations, student-run community college organizations, and certain subsidiary or multijurisdictional bodies. These bodies must maintain at least one (1) physical location where the public can attend, observe, and participate. Presiding officers will have the authority to remove disruptive individuals from both in-person and teleconferenced meetings.
(SB 707 amends Sections 54952.7, 54953, 54953.5, 54953.7, 54954.2, 54954.3, 54956, 54956.5, 54957.6, 54957.9, and 54957.95, amends and repeals Section 54952.2, adds Sections 54953.8, 54953.8.1, 54953.8.2, and 54957.96, and adds and repeals Sections 54953.4, 54953.8.3, 54953.8.4, 54953.8.5, 54953.8.6, and 54953.8.7of the Government Code.)