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HomeMy WebLinkAbout020626 SB 707 AND SB 827 COMPLIANCE IMPLEMENTATION OF NEW BROWN ACT AND MANDATED ETHICS & FISCAL TRAINING LEGISLATION EXECUTIVE SUMMARY In the 2025 California legislative session, lawmakers passed 917 bills, of which Governor Gavin Newsom signed 794 into law. Of those enacted by the State, two will significantly affect how local governments operate. SB 707 represents the most comprehensive update to the Ralph M. Brown Act in decades. SB 827 modifies existing ethics training requirements and introduces a new mandatory financial training requirement for local government officials. This memorandum summarizes the key provisions of both laws and, with respect to SB 707, identifies areas where policy direction from the Town Council is required. DISCUSSION SB 707 – Brown Act Amendments SB 707 is a major modernization of the Ralph M. Brown Act. Its stated purpose is to expand public access to local government and update meeting procedures to reflect evolving technologies. As part of a late legislative compromise, the most significant provisions were delayed until July 1, 2026, providing local agencies time to plan for implementation. Some of these mandated changes will require amendments to the Town Council Rules of Procedure, last updated in 2018 (Attachment A). Items requiring Town Council policy direction are identified as “Policy Questions” and discussed later in this memorandum. A. Provisions Effective January 1, 2026 Although most requirements were deferred, several provisions took effect on January 1, 2026. The City Clerk has led implementation of these items: • Providing copies of the Brown Act to Town Council and advisory body members (complete). • Providing a list of available meeting locations for Town Council and advisory bodies (complete). 2 • Evaluating staffing and technology resources to ensure compliance (in progress). • Identifying subsidiary advisory bodies that may teleconference meetings (pending; see Policy Questions under Recommendations). • Removing the sunset date on restrictions related to Councilmember social media interactions concerning Town business (no Town action required) • Extending the requirement to provide an oral summary of compensation to include department heads and similar officers prior to final action, a practice the Town has followed for several years (complete) • Allowing remote participation as a reasonable accommodation for members with disabilities and revising existing “emergency” and “just cause” remote participation rules (in progress) B. Provisions Effective July 1, 2026 The following requirements will become effective July 1, 2026. Many of these changes are mandated by legislation with no discretion and Town staff will develop the required implementation measures. Once finalized, all changes will be reported to the Town Council. • Remote Access: Far and away the most significant change is the requirement to provide remote access to all regular Town Council meetings, using either two-way telephonic or audiovisual platforms. Special, emergency, subcommittee, and liaison meetings are exempt. The Town Council must also determine which advisory bodies will be subject to this requirement (see further discussion under Policy Questions under Recommendations). • Meeting Disruptions: The Council must adopt a policy to address meeting recess and reconvening procedures when phone or internet service is disrupted. When a disruption occurs, meetings must recess for at least one hour, with a good-faith effort to restore access, before resuming. • Meeting Decorum: Presiding officers will have the authority to remove disruptive individuals participating both in-person and remotely. • Outreach: The Council must determine what “reasonable efforts” should be made to “invite groups that do not traditionally participate in public meetings” and which groups to reach out to. (see further discussion under Policy Questions under Recommendations). 3 • Language Access: Provide reasonable assistance to members of the public who wish to translate a public meeting or receive an interpretation, including providing double the standard speaking time when translation services are used. • Agenda Access: The Town will need to take a number of steps to: modify agenda posting practices; ensure agendas and other documents are published in machine- readable and searchable formats; provide information on the Town’s website homepage containing clear explanations of the meeting process, instructions for public comment, a calendar of meeting dates, and links to agendas. The City Clerk and IT staff are actively working on this effort. • Translation: The Town must provide a physical location for the public to post agendas that are translated into a language other than English. However, the Town is not required to provide the translation and is not responsible for content posted by the public. Note that the Town is below the threshold requirements of the bill to translate or post agendas into a language other than English. Fiscal Impacts Implementation of SB 707 will require updates to the Town website, revisions to Town Council policies and procedures, assessment of staffing needs, and confirmation that audiovisual infrastructure supports remote participation. Following Town Council direction, staff will evaluate costs and return with funding recommendations. SB 827 – Ethics and Financial Training Requirements In 2005, the State adopted AB 1234, which established mandatory ethics training for elected and appointed local officials receiving compensation or expense reimbursement. In Danville, this applies to the Town Council and all commissions. Training was required within one year of assuming office and every two years thereafter. SB 827 expands and modifies these requirements. Amendments to Ethics Training SB 827 makes the following changes to AB 1234 ethics training: • Expanded Applicability: The training will now be required for department heads and any other employees designated by the Town Council. Town staff will adopt a list of suggested job classifications for review and approval by the Council at an upcoming meeting. • Accelerated Timeline: New officials and employees subject to the training requirement must complete the training within six months of taking office, not the previous 12-month window. 4 • Website Information: The Town’s website will need to contain “clear instructions and contact information” for anyone requesting the public records tracking compliance. This goes beyond the previous record-keeping requirements for proof of completion of training. New Financial Training Requirement SB 827 also establishes a new mandatory financial training program with the following elements: • Applicability: Town Council, commissions, Town Manager, City Attorney, department heads, and any additional employees designated by the Council. • Minimum Instruction: Requires a minimum of two hours of instruction covering:  Financial administration and short- and long-term fiscal management  Capital financing, debt management, revenue mechanisms, pensions, investments, and safeguarding public resources  Fiscal planning principles relevant to oversight, procurement, and contracting • Timeline: Officials in place before January 1, 2026, must complete training by January 1, 2028, and every two years thereafter. Those appointed or hired after January 1, 2026, must complete training within six months, then biennially. • Recordkeeping Requirement: Recordkeeping and website requirements mirror those for ethics training. Unlike AB 1234 ethics training, it does not appear that the State will provide a model curriculum. Local agencies are currently exploring consultant-developed programs. Staff will continue monitoring options to identify a qualified training provider. RECOMMENDATION Review the information presented and provide direction on the following Policy Questions arising from the implementation of SB 707: 1. Remote Participation Format: The law allows either audiovisual (Zoom or equivalent) or audio-only public participation. The Town Meeting Hall is already equipped for audiovisual platforms. While early experiences with visual participation presented challenges, cities statewide report that audio-only participation does not eliminate inappropriate conduct. Consequently, the policy question is: 5 Policy direction is requested regarding which meeting types would utilize remote audiovisual or simply audio participation format: a. Town Council Meetings b. Town Council Study Sessions c. Workshops involving the Town Council 2. Facilities Used for Remote Audiovisual Participation: Following determination of which meeting types will utilize audiovisual remote participation, policy direction is requested on which facility should host those meetings: a. Town Meeting Hall, which is currently equipped to support remote access; or b. Community Room at 500 La Gonda Way, which would require audiovisual upgrades currently estimated at $150,000. 3. Applicable Commissions: Policy direction is requested on which advisory bodies, if any, should be subject to SB 707 remote participation requirements. A Contra Costa County City Clerks survey reflects varied approaches among peer agencies, and feedback from the Public Managers Association indicates that expanding these requirements to commissions would likely require additional staffing at meetings. 4. Outreach to Underrepresented Groups: Direction on reasonable outreach efforts to inform groups that do not traditionally participate in public meetings. Staff has begun compiling options and welcomes Council input.