Modesto to bring back remote public comment under new state law
Remote participation at public meetings is set to return to Modesto.
Senate Bill 707, which passed in October, will require certain legislative bodies to offer a two-way telephonic or audiovisual option for the public to attend open meetings. The mandate applies to bodies such as city councils and county boards of supervisors serving populations of 30,000 or more — including Modesto and Stanislaus County.
Under the new law, eligible bodies must also take steps to encourage public participation and adopt policies addressing disruptions to telephonic or internet services.
Agencies can resume remote access before SB 707 takes effect, but they must do so by July 1, 2026. The bill expires on Jan. 1, 2030.
In statements to The Bee, both Stanislaus County and the city of Modesto said they are still developing an implementation plan and evaluating which boards, commissions and committees will fall under the new requirements.
“Our clerk of the board, county counsel and information technology teams are working together to understand the new mandates and evaluate the best implementation approach for our community,” said county spokesperson Carissa Lucas. “This includes reviewing our prior experience with remote participation and identifying operational needs to ensure any changes support accessibility, transparency and meeting security.”
Why was Zoom participation banned in Modesto?
Before the COVID-19 pandemic, the Brown Act permitted teleconferenced public meetings only under certain conditions. Each teleconference location had to be listed on the agenda, open to the public, and a quorum had to be physically present at the meeting site.
In 2021, Gov. Gavin Newsom temporarily suspended those requirements, signing Assembly Bill 361 to allow for remote meetings, letting members of the public to address a legislative body remotely during declared public health emergencies.
Another law, Assembly Bill 2449, took effect on Jan. 1, 2023, reestablishing the requirement of a physical quorum for meetings. Remote public comment still could be offered, but it is required only if a member was also approved to participate remotely under “just cause” or “emergency circumstances” exceptions.
Modesto stopped offering remote participation at council meetings in September 2023 after some public commenters spewed racist and hate speech.
“I’m sorry the public had to experience the comments provided under Zoom tonight,” Mayor Sue Zwahlen stated at the Sept. 26 meeting. “Those comments continued to raise repetitious and irrelevant statements not within the subject matter jurisdiction of the council. The comments interfered with the orderly conduct of the meeting and kept the business of the city from being completed.”
Zwahlen cited AB 2449, stating that the city was not required to provide Zoom access unless a council member was also participating remotely. As a result, the city discontinued the option. The change applied not only to City Council meetings but also to meetings of all city boards, commissions and committees.
Christina Alger, the city’s human resources director, told the Equity Commission during an October meeting that the city had also faced problems with Zoom bombers, including some participants who appeared to be using AI.
“The problem was, we had those Zoom bombers, and so you could never tell who it was and where they were at, what they were going to say … so it was just disrupting the meetings,” Alger said.
Meetings continue to be livestreamed and recorded. Comments can be sent to the clerk via email.
Increased accessibility
Some members of the public objected to the decision to end remote participation.
David Loy, legal director for the First Amendment Coalition, told The Bee at the time that allowing government officials to determine which speech is acceptable can lead to censorship, though evaluating whether comments fall within an agency’s jurisdiction is often difficult. He also noted that eliminating remote public comment cut off access for people who relied on Zoom to address their city.
Calls to restore remote participation also have surfaced at Modesto’s Community Police Review Board meetings.
“People have to work, and at 5:30 it’s hard for a lot of people to get here,” said public commenter Madison Condit at a September meeting. “Having this meeting be more accessible, I think, is a good idea.”
Others noted that it would make public meetings more accessible for community members with disabilities or without transportation.
Required translations
SB 707 also requires that agendas be translated into any language spoken by at least 20% of the population with limited English proficiency. In Modesto and Stanislaus County, that means Spanish.
The bill clarifies exceptions for items already reviewed by committees, including those focused on elections, budgets, police oversight, privacy, library access or taxes.
Alger noted at a November Equity Commission meeting that Modesto is already ahead of the curve in this area. Agendas are translated into Spanish, and the city’s website includes a tool that can translate pages into other languages. Additionally, the city uses Wordly, an artificial intelligence platform that provides live translations of meetings in more than 30 languages.
However, printed documents other than the agenda are not yet available in Spanish.
“I think we’re already ahead of the game,” Alger said.
