teleconference location and without making their remote teleconference location accessible to the public.
In order for an individual member to participate remotely under AB 2449, at least a quorum of the legislative body must be participating from a singular physical location that is clearly identified on the agenda and open to the public. The remotely participating member must use a two-way audiovisual platform (e.g., Zoom), and the public must be provided with either a similar two-way audiovisual platform or a phone-in option coupled with a live webcasting of the meeting.
An individual member may not participate in meetings remotely under AB 2449 for more than three consecutive months or 20% of the legislative body’s regular meetings within a calendar year. If the legislative body regularly meets fewer than 10 times a year, an individual member may not participate remotely using the AB 2449 exception for more than two meetings.
In order to use the AB 2449 remote participation exemption, an individual member of a legislative body must notify the full membership of the body that either “just cause” or “emergency circumstances” exist for their remote participation.
Just Cause
“Just cause” is defined as any one of the following:
• Childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely. • A contagious illness that prevents a member from attending in person. • A need related to a physical or mental disability.
• Travel while on business of the legislative body or another state or local agency.
In order to participate remotely for “just cause,” an individual member must notify the legislative body at the earliest possible opportunity—up to the start of a meeting—of their need to participate remotely and provide a general description of the circumstances related to one of the four items above. A member may only use the “just cause” provision up to two meetings per calendar year.
608
CC 11-07-2023
608 of 610
Brown Act Changes and Remote Meeting Requirements
March 22, 2023
Emergency Circumstances
An “emergency circumstance” is defined as a physical or family medical emergency that prevents a member of a legislative body from attending in person.
In order to participate remotely under “emergency circumstances,” the individual member must request that the full legislative body allow them to participate in the meeting remotely because of emergency circumstances, and the legislative body must take action to approve the request at the public meeting. An individual member making a request to participate remotely due to “emergency circumstances” must provide a general description of the circumstances giving rise to the need to appear remotely. This description does not have to be more than 20 words and should not include any personal medical information. The legislative body then votes, as the first order of business at the relevant meeting, to approve or deny the member’s request to participate remotely due to “emergency circumstances.”
Additional Requirements
The following general requirements apply when meeting under the AB 2449 just cause or emergency circumstances provisions:
• Members participating remotely must do so through audio and visual technology. • The legislative body must provide a way for the public to remotely hear, visually observe, and remotely address the legislative body throughout the meeting in question.
• The agenda must identify and include an opportunity for the public to attend and directly address the legislative body both remotely and in person at the meeting. • If there is a disruption to the meeting broadcast or in the ability to take call-in or internet-based public comment, no further action can be taken on agenda items until the issue is resolved.
• The legislative body must implement a procedure for receiving and resolving requests forreasonable accommodations forindividuals with disabilities and must give notice of these procedures.
• Members participating remotely must publicly disclose at the meeting whether any other individuals 18 years of age or older are present in the room of the 609
CC 11-07-2023
609 of 610
Brown Act Changes and Remote Meeting Requirements
March 22, 2023
member’s remote location and state the general relationship between the individual and the member.
610
CC 11-07-2023
610 of 610