Present law generally requires that every member of the county legislative body be required to attend each and every session of the body, and allowed to vote and draw pay for attendance. Present law authorizes the governing body of a board, agency, or commission of state government to allow participation by electronic or other means of communication for the benefit of the public and the governing body in connection with any meeting authorized by law; provided, that a physical quorum is present at the location specified in the notice of the meeting as the location of the meeting. Subject to local approval by 2/3 majority vote of the applicable local legislative body, this bill authorizes a member of a county or municipal legislative body to participate in a scheduled local legislative body meeting by electronic means, including, but not limited to, videoconferencing or other web-based media, but only for the following reasons: (1) The member is dealing with a family or medical emergency as determined by the local legislative body; (2) The member has been called into military service; or (3) The member is unable to attend in person due to inclement weather. With regard to electronic participation in meetings, this bill provides: (1) A member of a local legislative body who is absent shall only participate in a meeting through electronic means if the member can be visually identified by the chair; (2) A local legislative body may opt out of electronic participation in accordance with this bill by 2/3 majority vote; (3) A local legislative body must not conduct a meeting with electronic participation unless a quorum of members is present at the physical location of the meeting; (4) No more than 20% of the total membership of the legislative body, not to exceed three members, may participate electronically; (5) A member shall not participate electronically in meetings of the local legislative body more than two times per year; (6) All meetings of a legislative body conducted by electronic means under this bill must remain open and accessible to the public by providing real-time, live audio or video access to the public; (7) A clear audio or video recording of the meeting must be made available to the public as soon as practicable following the meeting, and in no event more than two business days after the meeting; (8) In the public notice, the local legislative body shall provide information regarding how the public can obtain real-time, live access to, or a broadcast of, the meeting, and the legislative body is strongly urged to provide an agenda for the meeting in such notice; (9) A local legislative body that approves participation by electronic means is required to develop a policy for conducting meetings with electronic participation; and (10) The provisions of this bill authorizing county legislative bodies to approve electronic participation in meetings are deleted July 1, 2018, and the provisions of this bill authorizing municipal legislative bodies to approve electronic participation in meetings are deleted July 1, 2028.

Statutes affected:
Introduced: 5-5-106