AB2134 - City council members: absences without permission.

Assembly Bill No. 2134 CHAPTER 123 An act to amend Section 36513 of the Government Code, relating to local government. [ Approved by Governor August 24, 2026. Filed with Secretary of State August 24, 2026. ] LEGISLATIVE COUNSEL'S DIGEST AB 2134, Addis. City council members: absences without permission. Existing law provides that if a city council member is absent without permission from all regular city council meetings for a specified number of days from the last regular meeting they attended, their office becomes vacant and shall be filled as any other vacancy. This bill would require a city to establish a process for a city council member to notify the city clerk or other designated official in writing that they are taking parental leave, as defined, for 12 workweeks or longer if the city council member’s city provides a parental leave period longer than 12 workweeks for their employees. The bill would exclude parental leave from counting toward the number of allowed absences allotted to each council member. The bill would prohibit the process from requiring a council member to make the declaration at a public hearing. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 36513 of the Government Code is amended to read: 36513. (a) If a city council member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting they attended, their office becomes vacant and shall be filled as any other vacancy. (b) Notwithstanding subdivision (a), if a city council meets monthly or less frequently than monthly and a city council member is absent without permission from all regular city council meetings for 70 days consecutively from the last regular meeting they attended, their office becomes vacant and shall be filled as any other vacancy. (c) A city shall establish a process for a city council member to notify the city clerk or other designated official, in writing, that they are taking parental leave. The process shall not require the city council member to make that declaration at a public meeting. (d) Parental leave shall not count toward the existing number of allowed absences allotted to each council member. (e) For purposes of this section, “parental leave” means leave for reasons of the birth of a child of the city council member, or the placement of a child with a city council member in connection with the adoption or foster care of the child by the city council member. Parental leave shall be limited to 12 workweeks or the length of time allowed pursuant to the parental leave provided to employees of the applicable council member’s city, whichever is longer. SEC. 2. The Legislature finds and declares that, because all councilmembers across the State of California should have uniform protections when starting or growing a family, this act is a matter of statewide concern and is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 36513 of the Government Code applies to all cities, including charter cities. SEC. 3. The Legislature finds and declares that Section 1 of this act, which amends Section 36513 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: In order to protect the privacy of city council members, the limitation on the public’s right of access imposed by Section 1 of this act is necessary.