Gonzales City Council
December 5, 2022

ATTACHMENT A
AB 2449 – Remote Participation Flow Chart
(Effective January 1, 2023 – January 1, 2026)
- STEP 1: Official requests remote participation to the Council/Agency Board. o When: ASAP (at earliest opportunity) up to start of a regular meeting o What: Generally describe reason for request (not to exceed 20 words). Request does NOT need to disclose medical or personal information. Must be either:
▪ Just Cause
• Providing childcare or caregiving of immediate family, • Contagious illness,
• Physical or mental disability,
• Official business travel for public agency, OR
▪ Emergency Circumstances
• Physical or family medical emergency.
- STEP 2: Is the request agendized?
o If yes, then Council/Board can consider at appropriate time on agenda. Go to Step 3 below. o If no, then Council /Board must add urgency item to agenda as follows:
▪ Describe that there is a request by an official to participate remotely. ▪ Describe the reason for the request (Just Cause or Emergency Circumstances). ▪ Explain that this item came up after the 72-hour agenda deadline. ▪ Council/Board takes action by: (a) finding the item is urgent and needs immediate action and was discovered after the agenda deadline, and (b) voting. • Must pass by 2/3 vote of Council/Board if 4+ Council/Board members are voting from 5-member entity.
• Must pass unanimously if 3 Council/ Board members are voting from a 5- member entity.
- STEP 3: Council/Board acts on remote participation request. o Findings: Council/Board must make the following four findings:
▪ The remotely participating official must disclose whether anyone over 18 years old is present at the remote location.
▪ At least 3 (a quorum) of the other Council/Board members are present at one physical location in the Council/Board’s jurisdiction.
▪ The remotely participating official has not exceeded the annual limit:
• Cannot use for more than 3 consecutive months, or 20% of the regular meetings, or more than 2 meetings if Council/Board meets less than 10x a year. ▪ The Council/Board is providing a 2-way audiovisual platform or 2-way telephone service + live webcasting so public can remotely hear and visually observe the meeting. o Vote: If these findings can be made, then the Council/Board votes on whether the official may participate remotely.
▪ As with all other votes, a majority (or at least 3) affirmative votes are required. - STEP 4: Repeat Steps 1-3 for additional officials who wish to participate remotely, if necessary. - STEP 5: Resume the meeting as agendized with official(s) participating remotely. o All votes at a meeting with a remote official must be taken by roll call. o No action can be taken if the remote broadcast of the meeting is disrupted. o Special procedures are required to promptly resolve requests for disability accommodations.