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Sac'to Bill To Permanently Maintain/Increase Digital-Era Public Speaking Rights At Council Meetings Passes Key Policy Committee

Would also curtail orchestrated speakers from cutting off opposing views



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(April 29, 2021, 6:50 a.m.) -- AB 339, that would permanently maintain and expand digital era public speaking rights at Council, meetings -- backed by a recent LA Times editorial, supported by a lengthy list of open government and mainly progressive policy groups but opposed by government entities with Long Beach City Hall mum -- has cleared the Assembly Local Governance and Finance Committee by a 7-0 vote (Yes: Aguiar-Curry, Bloom, Boerner Horvath, Ramos, Luz Rivas, Robert Rivas, Voepel (all Dems + Republican Voepel); No Vote Recorded: Lackey (Republican)

"All meetings shall include an opportunity for members of the public to attend via a telephonic option and an internet-based service option. For the purposes of this chapter, 'internet-based service option' means a service or platform that allows two-way video and audio participation through the internet," the bill states in pertinent part.

The Committee's April 28 vote advances AB 339 to the Assembly Appropriations Committee, a de facto political gatekeeper that can advance or block bills from advancing to a full Assembly vote depending on the wishes of the majority party leadership (currently Dem) or the desires of the Appropriations Committee chair (Assemblywoman Lorena Gonzalez (D, San Diego.))

AB 339 was introduced on January 28, 2021 by Assemblymembers Alex Lee (D, Milpitas) and Cristina Garcia (D, Downey/Bell Gardens), now joined by co-authored by Assemblymembers Arambula, Cooley and Robert Rivas) would also require local government bodies to allow telephonic public speakers beyond an arbitrary cut off number. The latter issue has become timely locally after Mayor Robert Garcia's allies (including his brother and some of the Mayor's appointees (April 6) and a developer's advocate (April 13) filled all then-available speaker slots, effectively preventing speakers with contrary views from being heard. LB Councilmembers remained mum as the City Clerk defended the limit.

AB 339 provides in pertinent part: "Registration for public comment period is permitted, so long as instructions to register are posted, members of the public are able to register over the telephone and in person, and registration remains open until the comment period has finished for that agenda item. Information collected for registration purposes shall be limited to name, telephone number, and county of residence."

AB 339 was first reported in Long Beach by LBREPORT.com and the Beachcomber.

The bill's salient portions include:

[Scroll down for further.] .




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54953.(b) All meetings shall include an opportunity for members of the public to attend via a telephonic option and an internet-based service option. For the purposes of this chapter, "internet-based service option" means a service or platform that allows two-way video and audio participation through the internet.

...[T]he legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law...

If the legislative body of a local agency elects to use teleconferencing, it shall...conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency...The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.

(5) (A) Unless there are any laws that prohibit in-person government meetings in the case of a declared state of emergency, including a public health emergency, all meetings shall include an in-person public comment opportunity, wherein members of the public can report to a designated site to give public comment in person. The location of the designated site and any relevant instructions on in-person commenting shall be included with the public posting of the agenda.

(B) All meetings shall provide the public with an opportunity to comment on proposed legislation, both in person and remotely via a telephonic and an internet-based service option, and ensure the opportunity for the members of the public participating via a telephonic or an internet-based option to comment on agenda items with the same time allotment as a person attending a meeting in person.

(C) Registration for public comment period is permitted, so long as instructions to register are posted, members of the public are able to register over the telephone and in person, and registration remains open until the comment period has finished for that agenda item. Information collected for registration purposes shall be limited to name, telephone number, and county of residence.

Sponsor

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The bill makes a number of changes to the Brown (open meetings) Act.

  • Requires all meetings to include an opportunity for members of the public to attend via a telephonic option and “an internet-based service option, -- which is defined to mean "a service or platform that allows two-way video and audio participation through the internet";
  • ii) Requires all meetings to include an in-person public comment opportunity, wherein members of the public can report to a designated site to give public comment in person, unless there are any laws that prohibit in-person government meetings in the case of a declared state of emergency, including a public health emergency. The location of the designated site for giving public comment in person, and any relevant instructions on in-person commenting, must be included with the public posting of the agenda;
  • iii) Requires all meetings to provide the public with an opportunity to comment on proposed legislation, both in person and remotely via a telephonic and an internetbased service option. Meetings must also ensure the opportunity for the members of the public participating via a telephonic or an internet-based option to comment on agenda items with the same time allotment as a person attending a meeting in person;
  • iv) Specifies that registration for public comment period is permitted, so long as instructions to register are posted, members of the public are able to register over the telephone and in person, and registration remains open until the comment period has finished for that agenda item. Information collected for registration purposes must be limited to name, telephone number, and county of residence; and,
  • v) Specifies that teleconferencing may be used by members of the legislative body, and that all persons shall be permitted to attend any meeting of a legislative body of a local agency in person, except as otherwise provided by the Brown Act.

    In the Committee, the bill's authors accepting some amendments (not reflected in above text yet):

      a) Limit the bill’s applicability to the meetings of city councils and county boards of supervisors only, the jurisdictions of which contain a population of at least 250,000 people;
    • b) Require public access via telephone OR internet (not both);
    • c) Remove language requiring two-way operability for internet;
    • d) Remove all language translation requirements;
    • e) Remove language allowing local agencies to require members of the public to register in order to provide public comment;
    • f) Remove language allowing teleconferencing to be used by members of the legislative body (to avoid inadvertently precluding the use of teleconferencing by the public);
    • g) Refine language referring to “all meetings” to state “all open and public meetings” (to ensure closed sessions are not subject to the provisions of the bill);
    • i) Add a sunset date of December 31, 2023.

    Sponsor

    Sponsor

    AB 339's authors initially proposed to end a double-standard and apply its provisions to state bodies as well as local government entities, but that provision apparently encountered Sac'to pushback and was previously removed.

    AB 339 is supported by the First Amendment Coalition and, with a lengthy list of groups, submitted a joint letter in support of AB 339 at this link.

    Supporters as listed in the Commaitee's staff analysis are:

    ACLU California Action [CO-SPONSOR]
    Leadership Counsel for Justice & Accountability [CO-SPONSOR]
    #youtoomovement
    Abundant Housing LA
    Acce Action (alliance of Californians for Community Empowerment)
    ACLU of California
    ACT for Women and Girls
    Alianza Coachella Valley
    Alliance for Children's Rights
    Alliance of Californians for Community Empowerment
    Arts for Healing and Justice Network
    Asian Americans Advancing Justice - California
    Asian Law Alliance
    Bet Tzedek
    Business for Good San Diego
    California Association of Nonprofits
    California Children’s Trust
    California Common CAUSE
    California Domestic Workers Coalition
    California Environmental Justice Alliance
    California Institute for Rural Studies
    California League of Conservation Voters
    California News Publishers Association
    California Safe Schools
    California Teachers Association
    California Work & Family Coalition
    California Yimby
    Californians Aware: the Center for Public Forum Rights
    Californians for Justice
    Californians for Pesticide Reform
    CEJA Action
    Center on Race, Poverty & the Environment
    Central California Asthma Collaborative
    Central California Environmental Justice Network
    Central Valley Air Quality Coalition
    Child Care Law Center
    Citizens for Choice Nevada County
    Clean Water Action
    Climate Action Campaign
    Climateplan
    Coalition for Humane Immigrant Rights (CHIRLA)
    Congregations Organized for Prophetic Engagement (COPE)
    Council Member Zach Hilton, City of Gilroy
    Councilmember Katie Valenzuela, City of Sacramento
    Courage California
    Courage Campaign
    Cultiva LA Salud
    Culver City for More Homes
    Dignity and Power Now
    Disability Rights Education & Defense Fund
    Disability Rights Legal Center
    Dolores Huerta Foundation
    Drug Policy Alliance
    Ella Baker Center for Human Rights
    Fairmead Community & Friends
    Faith in the Valley
    First Amendment Coalition
    Fresno Barrios Unidos
    Fresno Building Healthy Communities
    Fresno Metro Black Chamber of Commerce
    Friends of Caltrain
    Generation Up
    Gente Organizada
    Greenbelt Alliance
    Hammond Climate Solutions
    Hmong Innovating Politics
    Housing California
    Housing Is a Human Right
    - Orange County
    Housing Leadership Council of San Mateo County
    Indivisible CA Statestrong
    Indivisible District 46
    Inland Congregations United for Change
    Inland Equity Partnership
    Interfaith Movement for Human Integrity
    Jakara Movement
    Jewish Family & Community Services East Bay
    Justice LA
    LA Defensa
    League of Women Voters of California
    LGBTQ Center Orange County
    Life Eldercare
    Los Angeles Sunshine Coalition
    Mental Health Advocacy Services
    Mi Familia Vota
    Mid-city Community Advocacy Network
    NAACP Riverside
    Nami Greater Los Angeles County
    National Association of Social Workers, California Chapter
    Nextgen California
    Nolympics LA
    Nourish California
    Nuestra Casa
    Nuestra Casa De East Palo Alto
    Office of Los Angeles County Supervisor Hilda L. Solis
    Orange County Emergency Response Coalition
    Orange County Equality Coalition
    Orange County LGBT Center
    People for Housing - Orange County
    People's Budget Orange County
    People's Collective for Environmental Justice
    People's Homeless Task Force Orange County
    Pesticide Action Network
    Planning and Conservation League
    Policylink
    Pomona Economic Opportunity Center
    Public Advocates
    Pueblo Unido CDC
    Riverside NAACP
    Root & Rebound
    San Bernardino County Board of Education, Area B
    San Diego Schools
    San Francisco Senior and Disability Action
    Seamless Bay Area
    Senior & Disability Action
    Silicon Valley Community Foundation
    South County Homeless Task Force
    The California Children's Trust
    Time for Change Foundation
    TODEC Inland Empire
    Todec Legal Center
    Unite Here Local 11
    United Food and Commercial Workers, Western States Council
    Voices for Progress
    Western Center on Law & Poverty
    White People 4 Black Lives
    Women For: Orange County
    Yalla Indivisible
    Yimby Action
    Youth Justice Education Clinic, Center for Juvenile Law and Policy, Loyola Law School

    Opponents listed in the Committee's analysis are:

    Association of California School Administrators
    Association of California Healthcare Districts
    Big Bear Area Regional Wastewater Agency
    California Acupuncture Board
    California Association of Public Authorities for IHSS
    California Downtown Association
    California In-home Supportive Services Consumer Alliance
    California Municipal Utilities Association (unless amended)
    California School Boards Association
    California Special Districts Association
    California State Association of Counties
    California Travel Association (CALTIA)
    City of Chino Hills
    City of Huntington Beach (unless amended)
    City of Los Altos
    Community College League of California
    Dental Hygiene Board of California (unless amended)
    League of California Cities
    Orange County Local Agency Formation Commission
    Orange County Sanitation District (unless amended)
    Public Risk Innovation, Solutions, and Management (PRISM)
    Rural County Representatives of California
    Santa Barbara County Board of Supervisors
    Solano County Board of Supervisors
    Urban Counties of California

    Sponsor


    The opposition letter by the League of California Cities (a privately run advocacy group to which the City of LB pays dues), joined by the California Special Districts Association (CSDA), California State Association of Counties (CSAC), Urban Counties of California (UCC), Rural County Representatives of California (RCRC), Association of California Healthcare Districts (ACHD), Association of California School Administrators (ACSA), Community College League of California (CCLC), California Downtown Association (CDA), and Public Risk Innovation, Solutions, and Management (PRISM), can be viewed ,a href= "https://ct3.blob.core.windows.net/21blobs/7f563b85-a91c-4a84-a348-01a0326f87ff" target="_blank">here..


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