On September 18, Governor Newsom signed SB 1187 into effect, causing the public notice requirements for local governments to evolve again. This bill amends several of the requirements enacted under SB 707 and because SB 1187 is an urgency measure, the changes take effect immediately.
Here’s what you need to know about these changes.
What Does SB 1187 Do?
SB 1187 provides some significant administrative relief by eliminating several of the new requirements contained in SB 707. Eligible legislative bodies are no longer required to:
- Establish an electronic system for accepting and fulfilling requests for meeting agendas and documents;
- Translate meeting agendas as required under the original SB 707 provisions;
- Provide related assistance for members of the public seeking translation or interpretation; or
- Provide the related space/location for members of the public to post or display their own translated agenda materials.
The core remote-access requirements remain in place, meaning eligible legislative bodies must continue to provide two-way remote access to open and public meetings, allow remote participants to provide public comment with the same time allotment as in-person participants, follow the required procedures when remote access is disrupted, and make reasonable efforts to encourage participation by groups that do not traditionally participate in public meetings.
As a reminder, an “eligible legislative body” generally includes:
- City councils in cities with a population of 30,000 or more; or
- County boards of supervisors in counties (or cities and counties) with a population of 30,000 or more; or
- City councils located in a county with a population of 600,000 or more; or
- Certain large special districts meeting the specific thresholds established in the statute.
For Legislative Bodies That Are Not Eligible
If your legislative body does not fall within the definition of an “eligible legislative body,” the special SB 707 requirements described above do not apply.
Your agency should continue to comply with the Brown Act requirements otherwise applicable to its meetings, but with these changes to SB 707, your agency is no longer required to provide the additional two-way remote public access, remote public comment, technology-disruption procedures, outreach, or the now-deleted document and language-access provisions applicable to eligible bodies.
What if we have already implemented these practices?
There is no need to discontinue a process simply because SB 1187 no longer requires it. Agencies that have already implemented electronic agenda/document request systems, translation practices, public translation posting/display areas, or other enhanced public-access measures may choose to continue them if they are working well for the agency and the public. SB 1187 removes the statutory mandate; it does not prohibit agencies from continuing these practices.
The bottom line
SB 1187 eliminates a number of the administrative requirements originally included in SB 707 but eligible legislative bodies must continue to comply with SB 707’s core remote meeting access and participation requirements.
As always, confer with your City Attorney and City Manager as these are now policy decisions to be made.
If your organization needs support in meeting Brown Act requirements, MRG can help. Connect with MRG today to learn how we can help your organization stay in compliance with evolving public disclosure requirements.
Shirley Concolino has over 35 years of experience working with elected officials and city managers. Shirley retired as City Clerk of the City of Sacramento and has also held positions supporting elected officials and city managers/county administrative officers in the City of Davis and the County of Solano. Shirley is certified as an MMC, a distinguished city clerk Master Municipal Certification, and is past president of the City Clerk Association of California (CCAC). In 2010, she was selected by CCAC as California City Clerk of the Year. Shirley is also active in the International Institute of Municipal Clerks (IIMC), having taught national seminars and serving as a coach to City Clerks all over California.
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