On September 20, 2021, Governor Gavin Newsom signed an executive order that waives the application of Assembly Bill (AB) 361 (Chapter 165/2021) until October 1, 2021, which is the date when a prior executive order that has permitted public agencies to meet remotely during the COVID-19 emergency will expire.
This means that local agencies, including local educational agencies and community college districts, should operate under the existing executive order provisions (see “Governor Provides Additional Brown Act Flexibility for Board Meetings—Updated” in the March 2020 Fiscal Report) through September 30, 2021, then transition to the provisions stipulated in AB 361 beginning October 1, 2021. AB 361 gives local agencies flexibility in conducting public meetings virtually during a declared state of emergency (see “Urgency Bill Allowing Virtual Meetings Signed by Governor Newsom” in the September 2021 Fiscal Report for a full summary of the bill). Since AB 361 is an urgency measure, it took effect when Governor Newsom signed it into law last week; however, this executive order effectively delays its effective date to October 1, 2021.
We recommend local agencies work closely with their legal partners during this transition period to ensure they remain in full compliance with the law.
Fiscal Report
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