Brown Act Update
Johanna N. Canlas, General Counsel / 619.814.5813
AB 2449 – Brown Act & Remote Participation
New rules allowing an additional way for
legislative body members to attend meetings
remotely
Existing Rules – Brown Act & Remote Participation
1. Traditional teleconferencing
2. During Governor’s proclaimed State of
Emergency with findings related to
health and safety
AB 2449 – Brown Act & Remote Participation
Attend public meetings
remotely without a state
of emergency, identifying
the remote site or
ensuring it is accessible
to the public
AB 2449 – Brown Act & Remote Participation
A quorum must
participate in person
from a physical
location open to the
public
AB 2449 – Brown Act & Remote Participation
Remaining members can
participate remotely in two
situations:
1. Just Cause
2. Emergency Circumstances
AB 2449 – Brown Act & Remote Participation
Just cause
• childcare or caregiving of a child, parent,
grandparent, grandchild, sibling, spouse,
or domestic partner;
• a contagious illness that prevents a
member from attending in person;
• a need related to a physical or mental
disability; or
• travel while on business of the legislative
body or another state or local agency.
AB 2449 – Brown Act & Remote Participation
Just cause
• Must notify the legislative
body at the earliest possible
opportunity and give a
general description of the
reasons
• Only two meetings per
calendar year
AB 2449 – Brown Act & Remote Participation
Emergency Circumstances
A physical or family
medical emergency that
prevents a member from
attending in person
AB 2449 – Brown Act & Remote Participation
Emergency Circumstances
Must request that the
legislative body allow them to
participate in the meeting
remotely and the legislative
body must take action to
approve the request
AB 2449 – Brown Act & Remote Participation
If remote participation for
either just cause or emergency
circumstances then:
• Public must be able to attend
remotely and in person
• Agenda must explain how
public can participate
remotely
AB 2449 – Brown Act & Remote Participation
• Must allow “real time”
public comment
• If disruption to meeting
broadcast, no further action
until fixed
• Member must participate
through both audio and
visual technology
AB 2449 – Brown Act & Remote Participation
• Member must disclose if
other individuals 18 or
older are present in the
room at the remote
location and general nature
of member’s relationship
with the individual
AB 2449 – Brown Act & Remote Participation
• May not participate in meetings
remotely for more than three
consecutive months or 20% of
regular meetings within a
calendar year
• If legislative body regularly
meets less than 10 times a year,
a member may not participate
remotely for more than two
meetings
14 AB 2449 – Brown Act & Remote Participation
15 • https://www.bwslaw.com/news/new-brown-act-provisions-allow-additional-process-for-remote-meeting-attendance/ • https://leginfo.legislature.ca.gov/faces/billNavClient .xhtml?bill_id=202120220AB2449
Social Media – AB 992
• Amends Government Code section 54952.2 to add
new provisions
• Applies from January 1, 2020 through January 1,
2026
Direct Response Prohibited
• AB 992 prohibits even one
member of the legislative body
from responding in any manner to
any other member’s social media
posts.
Direct Response Prohibited (cont’d)
• No exceptions.
• Applies to just one response, making it a
violation of the Brown Act regardless of
whether a majority of the legislative
body reads the response.
Emojis = Discussion
• AB 992 prohibits a majority of the
members of the legislative body
from using social media to
“discuss among themselves”
business of a specific nature that
is within the subject matter
jurisdiction of the legislative
body.
Emojis = Discussion (cont’d)
• Prohibits “communications made,
posted, or shared on an internet-based
social media platform between
members of a legislative body, including
comments or use of digital icons that
express reactions to communications
made by other members of the
legislative body.”
• The prohibition against members
“discussing among themselves”
specifically includes emojis
Brown Act Update
Johanna N. Canlas, General Counsel / 619.814.5813