Pasadena City Council
April 17, 2023

City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine City Attorney Mini-Briefing
Update on Brown Act Meeting Rules
Michele Beal Bagneris, City Attorney/City Prosecutor
April 17, 2023
City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Brown Act
• 1953 – passed by California Legislature
> Ensures the public’s right to attend meetings of local public agencies > Requires that all “meetings” of a “legislative body” be open and public • 1990’s – amended to allow teleconference meetings
> Requirements for teleconference meeting:
2 Quorum participate from
within City
Each teleconference
location identified in
notice and agenda
Agenda posted at each
teleconference location
Teleconference location
accessible (open) to the
public
Public comment must
be permitted at each
teleconference location
All votes taken by roll
call
City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Teleconference Rules
During COVID-19 State of Emergency
3 • Executive Orders by Governor and AB 361
(passed in 2020) allowed for relaxing and/or
suspension of Brown Act requirements for remote
public meetings, to protect public health during
COVID-19 state of emergency
• State of emergency has terminated; requirements
of Brown Act now control
City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Requirements for Remote Meetings Under AB 2449 -
Passed in 2022 (effective until January 1, 2026)
• Quorum must participate from single physical, public location within City • Technology requirements (posting of agendas, public comment, etc.) • All votes must be taken by roll call
• Remote attending member
> May only teleconference for publicly disclosed "just cause" or, if approved by the legislative body, "emergency circumstances" > Must publicly disclose (before any action is taken at the meeting) whether anyone over 18 years old is in the room at the remote location > If closed session, no one over 18 can be in the room
> Must participate using both audio and video means
> May only participate remotely for a limited number of meetings (specified in statute, details follow)
4 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine “Just Cause” and “Emergency”
Circumstances
• Government Code Section 54953(j) definitions:
> “Just cause” if prevents them from attending in person, limited to: childcare/care giving need; contagious illness; physical/mental disability; travel on official city or state business
> “Emergency” is a physical or family medical emergency that prevents them from attending in person
• Government Code Section 54953(f) requirements:
> “Just cause”: No more than 2 meetings/year; notify body at earliest opportunity, with general description
> “Emergency”: Member makes request of body, with general description, at earliest opportunity, and body must approve 5 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Key Differences Between Traditional
Teleconference Rules and AB 2449
Traditional Brown Act
Teleconference Rules
AB 2449 (Effective 1/1/2023)
No limit to usage • Member cannot participate remotely for more than three consecutive months or 20 percent of the regular
meetings in a calendar year
• No more than two meetings in calendar year if “just
cause” or if body meets fewer than 10 times per
calendar year
Quorum – needed within the
City
Quorum – needed at single, physical location within the City
No requirement to
participate via video
Member required to participate using audio and video
Teleconference location
must be accessible to the
public
Remote location not required to be publicly accessible – but member must disclose whether anyone over 18
years old is in the room
6 City Attorney’s/City Prosecutor’s Department – Civil Division Confidential Attorney-Client Privilege and Work Product Doctrine Questions?
7