Today, Assembly Bill 992 (Mullin), which would modernize the Ralph M. Brown Act, was passed by the full Assembly and is now headed to the Senate. AB 992 provides clarity and guidance to local elected officials about how they may engage with their communities on social media.
The Brown Act was adopted in 1953, when today’s technological advances could not have been contemplated. The proliferation of social media has made it easier to connect with the public, solicit feedback from constituents, and promote idea sharing within our communities. Because of these benefits, social media has become the modern “community meeting.”
Special districts support civic engagement. However, under current law, it is possible that civic engagement on social media is being hampered by a fear of unintentionally violating the law. Moving forward with this legislation is a necessary step to modernizing the Brown Act. A clear rule in this area will allow a more transparent discussion between local agency officials and their constituents about issues facing local agencies.
AB 992 recognizes this reality and creates clear guidance for local elected officials by setting the same standard as is currently in place under the community meetings exception to the Brown Act. The community meetings exception to the Brown Act allows a majority of the members of a local agency body to attend an open and publicized meeting held by another organization—such as a neighborhood association meeting, local candidates night, or service club meeting—to address a topic of local community concern. The exception does not permit a majority to discuss among themselves business of a specific nature that is within the legislative body’s subject matter jurisdiction. Thus, the community meeting exception strikes an appropriate balance between encouraging the type of robust civic engagement that is necessary for a healthy democracy and ensuring that local agencies conduct the people’s business openly and publicly.
AB 992 passed the Assembly on a 48 to 13 vote and will be heard next in a Senate policy committee. CSDA will continue to support the bill as it moves through the legislative process and will keep our members informed on its progress.