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:
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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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