LCPOA meeting prohibit recording
Recording Rights and Transparency
The LCPOA’s current prohibition on video and audio recording is a significant barrier for members who wish to stay informed. Under updated regulations effective since 2023, recording is a vital tool for community transparency.
Following the May 6, 2025, meeting—which was adjourned in just three minutes by President Paulson due to the presence of a laptop—we are seeking a formal review of board policies. We want to ensure that LCPOA operations remain open, accessible, and compliant with current standards.
Public meeting recording regulations vary depending on whether the meeting is at the local or state level. In California, these are primarily governed by the Brown Act (for local agencies) and the Bagley-Keene Act (for state bodies).
Here is a breakdown of the key regulations regarding the recording of public meetings:
1. The Right of the Public to Record
Under California law, members of the public have a broad right to record any open and public meeting.
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Recording Methods: You are generally allowed to use audio recorders, video cameras, or still photography.
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The "Disruption" Exception: A legislative body can only prohibit recording if it makes a "reasonable finding" that the recording would disrupt the proceedings due to noise, illumination (like heavy flash photography), or obstruction of view.
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No Mandatory Sign-in: Agencies cannot require you to sign in or identify yourself as a condition of attending or recording the meeting.
2. Agency-Made Recordings
If the government agency itself records the meeting (e.g., a city council filming a session for its website), those recordings are subject to specific rules:
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Public Record Status: Any audio or video recording made by or at the direction of the local agency is a public record.
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Public Access: The public has the right to inspect and listen to these recordings on agency-provided equipment.
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Retention Requirement: Under the Brown Act, agency-made recordings of open sessions must be kept for at least 30 days. After 30 days, the agency may follow its standard records retention policy for destruction, unless a request to inspect them is pending.
3. Teleconferencing and New Updates (2025–2026)
Recent legislative updates, such as SB 707, have introduced new requirements for meetings involving teleconferencing:
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Two-Way Access: Starting July 1, 2026, many eligible legislative bodies must provide a two-way telephonic or internet-based service to allow the public to hear and address the meeting remotely.
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Disruption Policies: Agencies are increasingly required to have clear, publicly approved policies regarding what happens if a meeting’s internet or telephonic stream is disrupted.