Remote public meetings bill gets a second shot

Jan 24, 2024

AB 817 (Pacheco) is co-sponsored by the League of California Cities 

By Johnnie Pina, legislative affairs lobbyist, and Brian Hendershot, Cal Cities Advocate managing editor 

A bill that would make it easier for people to serve on local advisory bodies, boards, and commissions is set for an Assembly floor vote this Thursday. The narrowly tailored measure would give local non-decisionmaking legislative bodies the same rights as state advisory bodies by allowing members to participate in online public meetings without posting their location and without allowing the public into the private location.  

AB 817 (Pacheco) is co-sponsored by the League of California Cities, California Association of Recreation and Park Districts, California State Association of Counties, Rural County Representatives of California, Urban Counties of California, and California Association of Public Authorities for In-Home Supportive Services.  

Asm. Blanca Pacheco introduced AB 817 last year, but the bill did not advance to the Senate. Since California's legislative sessions last two years, AB 817 has another shot — if it can pass the Assembly by the end of the month.   

Recruitment and retention challenges  

Local advisory bodies, boards, and commissions — which are often volunteer-run — face ongoing recruitment and retention challenges. Time commitments, the time and location of meetings, physical limitations, childcare requirements, and work obligations are frequently cited as the top barriers to participation.  

The barriers can have an upstream effect on other legislative bodies. Local advisory bodies, appointed boards, and commissions are often pipelines to local, state, and federal leadership positions.  

During the pandemic, public agencies throughout the U.S. could hold online public meetings with fewer restrictions, which anecdotally increased member accessibility and resident participation. The increased flexibility created opportunities for public officials and concerned citizens alike who were previously unable to attend public meetings to participate, resulting in an increased diversity of input and thought on critical community proposals.   

Diversifying and protecting local governance  

AB 817 would build on the pandemic-era rules and successes by making it easier for advisory boards and commissions to meet remotely while protecting the safety of the participants.  

Under current law, individuals must post their location and make it available to the public when meeting remotely. Although well-intended, this can create serious safety concerns for public officials. Several local and national studies have shown that harassment, threats, and even violence towards elected officials have increased in recent years — especially women and racial or ethnic minorities.  

Asm. Pacheco recently agreed to amendments that would add a 2026 sunset date to the measure. She also committed to adding language that mirrors the teleconferencing rules currently applicable to state advisory bodies. This includes requiring an in-person location for public comment but not requiring an in-person quorum of members, as this would defeat the purpose of the bill.  

An in-person quorum requirement would place a disproportionate burden on the types of people the bill is trying to help: seniors, disabled people, single parents, caretakers, economically marginalized groups, and those who live in rural areas or face prohibitive driving distances. 

AB 817 must pass the Assembly by the end of the month and there is still time to make your voice heard. To learn more, contact your regional public affairs manager.