City of Pomona
Teleconference Policy for City Council Members
POLICY AND PROCEDURES FOR CITY COUNCIL MEMBER TELECONFERENCE PARTICIPATION I. PURPOSE AND SCOPE
This policy governs the use of teleconferencing by the City Council and remote participation by individual Councilmembers in compliance with the Ralph M. Brown Act (Government Code section 54950 et seq.), including Government Code sections 54953(b), 54953(c), 54953.8, 54953.8.2, and 54953.8.3, as amended by Senate Bill 707. It applies only to the City Council and its members, including the Mayor, and does not apply to City boards, commissions, committees, or other legislative bodies. This policy establishes procedures for traditional teleconferencing, remote participation for just cause, remote participation as a reasonable disability accommodation, and teleconferencing during a proclaimed state or local emergency. If this policy conflicts with applicable law, the law controls.
II. CITY COUNCIL REMOTE PARTICIPATION FRAMEWORKS
A Councilmember may participate remotely, or the City Council may conduct a teleconference meeting, only under one or more of the four following statutory frameworks and only when all applicable requirements are satisfied. The frameworks are cumulative, and different frameworks may apply to different Councilmembers or to the same meeting. (Government Code section 54953.8(f).) A. Traditional Teleconferencing (Government Code section 54953(b)) When one or more Councilmembers participate under the traditional teleconferencing rules, all otherwise applicable requirements of the Brown Act apply, including the following:
1. Agenda Disclosure. The notice and agenda shall identify each teleconference location from which a Councilmember will participate.
2. Public Access and Comment. Each teleconference location shall be open and accessible to the public, and members of the public shall be able to address the City Council directly from each teleconference location.
3. Agenda Posting. The agenda shall be posted at each teleconference location within the same time required for posting the meeting agenda under the Brown Act, including at least 72 hours before a regular meeting and at least 24 hours before a special meeting. (Government Code sections 54954.2(a)(1) and 54956(a).)
4. Quorum. At least a quorum of the City Council shall participate from locations within the boundaries of the City of Pomona, unless another provision of the Brown Act expressly provides otherwise.
5. Voting and Meeting Rights. All votes shall be by roll call, and the meeting shall be conducted in a manner that protects the statutory and constitutional rights of the parties and the public.
6. Adult-Presence Disclosure. No separate adult-presence disclosure is required under the traditional teleconferencing framework. Each teleconference location must instead be identified on the agenda, posted, and open and accessible to the public. The adult-presence disclosure requirements applicable to just-cause, disability-accommodation, and proclaimed-emergency remote participation are set forth in Sections II.B.4, II.C.3, and III.6.
B. Just Cause Remote Participation (Government Code sections 54953.8 and 54953.8.3) Government Code section 54953.8.3 permits a Councilmember to participate remotely for just cause without identifying the remote location on the agenda, posting an agenda at the remote location, or making the remote location accessible to the public, provided that at least a quorum of the City Council participates in person from a single physical location that is clearly identified on the agenda, open to the public, and within the City of Pomona, and all requirements below are satisfied.
1. Notice. The Councilmember shall notify the City Council at the earliest opportunity possible, including at the start of a regular meeting, of the need to participate remotely for just cause and shall provide a general description of the circumstances relating to that need.
2. Qualifying Just Cause. The Councilmember shall identify the applicable category in Government Code section 54953.8.3(c). Just cause is limited to the following circumstances:
a. A childcare or caregiving need involving a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires the Councilmember to participate remotely. b. A contagious illness that prevents the Councilmember from attending in person. c. A need related to a physical or mental condition that is not addressed as a reasonable disability accommodation under Government Code section 54953(c). d. Travel while on official business of the City Council or another state or local agency. e. An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the Councilmember that requires the Councilmember to participate remotely. f. A physical or family medical emergency that prevents the Councilmember from attending in person. g. Military service obligations that make the Councilmember unable to attend in person because the Councilmember is serving under official written orders for active duty, drill, annual training, or other required duty as a member of the California National Guard or a United States Military Reserve organization and must be at least 50 miles outside the boundaries of the City.
3. Audio and Visual Participation. The Councilmember shall participate through both audio and visual technology.
4. Adult-Presence Disclosure. Before any action is taken, the Councilmember shall publicly disclose whether any individual 18 years of age or older is present in the room at the remote location and the general nature of the Councilmember's relationship with that individual.
5. Public Access. The meeting shall comply with the requirements in Section III of this policy.
6. Minutes and Privacy. The minutes shall identify the Councilmember, Government Code section 54953.8.3, and the specific just-cause category in section 54953.8.3(c) relied upon. The Councilmember is not required to disclose a medical diagnosis, disability, or other confidential medical information.
7. Annual Limit. For so long as the City Council regularly meets twice per month, a Councilmember may participate remotely for just cause at no more than five meetings per year. Any number of City Council meetings beginning on the same calendar day counts as one meeting. If the City Council's regular meeting frequency changes, the applicable limit in Government Code section 54953.8.3(a)(3)(A) shall control.
C. Disability Accommodation Remote Participation (Government Code section 54953(c)) A Councilmember with a disability may participate remotely as a reasonable accommodation under applicable law. This is a separate basis for remote participation and is not subject to the traditional teleconferencing requirements or the just-cause framework.
1. Request and Review. A Councilmember may make an oral or written request for a reasonable accommodation to the City Clerk or the Human Resources/Risk Manager, who performs the City's ADA compliance coordination function, or their designee. The request should be made as soon as reasonably practicable. A request made close to or during a meeting shall be considered to the extent practicable and shall not be denied solely because of timing. The City Clerk shall promptly refer any request received by that office to the Human Resources/Risk Manager. The Human Resources/Risk Manager may consult with the City Attorney as necessary to process the request promptly, engage in any required interactive process, and maintain confidentiality to the extent permitted by law. The City shall request only information reasonably necessary and permitted by applicable law.
2. Audio and Visual Participation. The Councilmember shall participate through both audio and visual technology. A Councilmember with a disability as defined in title 42 United States Code section 12102 may participate through audio technology only if a physical condition related to the disability results in a need to participate off camera.
3. Adult-Presence Disclosure. Before any action is taken, the Councilmember shall publicly disclose whether any individual 18 years of age or older is present in the room at the remote location and the general nature of the Councilmember's relationship with that individual.
4. Effect of Accommodation. Remote participation under this subsection shall be treated as in-person attendance at the physical meeting location for all purposes, including quorum. Government Code section 54953(b) and sections 54953.8 through 54953.8.7 do not apply. The remote location need not be identified on the agenda, posted, or open to the public.
5. Annual Limit. Participation as a reasonable disability accommodation does not count toward the just-cause meeting limit.
D. Proclaimed State or Local Emergency Teleconferencing (Government Code sections 54953.8 and 54953.8.2) During a proclaimed state of emergency or local emergency, as defined in Government Code section 54953.8.2(e), the City Council may conduct a teleconference meeting without complying with the traditional teleconference-location requirements, subject to the following:
1. Initial Determination. The City Council may initially use teleconferencing under this subsection for the purpose of determining, by majority vote, whether the emergency makes in-person attendance an imminent risk to the health or safety of attendees. After making that determination, the City Council may continue to conduct meetings under this subsection while the statutory conditions remain satisfied.
2. Continuing Findings. If the state or local emergency remains active, no later than 45 days after first teleconferencing under this subsection and every 45 days thereafter, the City Council shall determine by majority vote that it has reconsidered the circumstances of the emergency and that the emergency continues to directly impact the ability of the Councilmembers to meet safely in person.
3. Public Access. The meeting shall comply with Section III of this policy. Notwithstanding the ordinary access options in Government Code section 54953.8(b)(1), the City Council may elect to provide a two-way telephonic service without a live webcast during a meeting conducted under Government Code section 54953.8.2.
4. Physical Location. The City Council is not required to provide a physical location from which the public may attend or comment during a meeting conducted under this subsection.
5. Duration. If the emergency is no longer active or the City Council does not timely make the required continuing findings, the City Council shall discontinue use of this framework and may teleconference only under another applicable provision of this policy and the Brown Act.
III. GENERAL REQUIREMENTS FOR MEETINGS CONDUCTED UNDER GOVERNMENT CODE SECTION 54953.8 This section applies to just-cause meetings under Section II.B and proclaimed-emergency meetings under Section II.D.
1. Remote Public Access. Except as permitted for a proclaimed-emergency meeting under Section II.D, the City Council shall provide either (a) a two-way audiovisual platform or (b) a two-way telephonic service and a live webcast of the meeting.
2. Agenda Notice. The notice and agenda shall state how members of the public may access the meeting and offer public comment and shall identify a call-in option or an internet-based service option.
3. Real-Time Public Comment. The City Council shall not require public comments to be submitted in advance and shall provide an opportunity for the public to address the City Council in real time. Registration required by a third-party platform may be required only as permitted by Government Code section 54953.8(b)(5), and public-comment periods and registration opportunities shall remain open for the time required by section 54953.8(b)(6).
4. Minutes. The minutes shall identify each Councilmember who participated from a remote location and the specific statutory provision relied upon for that remote participation.
5. Disability Accommodations for the Public. The City shall maintain and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation from individuals with disabilities, resolve any doubt in favor of accessibility, and include notice of the procedure whenever notice of the meeting is given or the agenda is posted.
6. Adult-Presence Disclosure. Before any action is taken, each Councilmember participating from a remote location shall publicly disclose whether any individual 18 years of age or older is present in the room at the remote location and the general nature of the Councilmember's relationship with that individual.
7. Roll-Call Voting and Civil Rights. All votes shall be by roll call. The City Council shall conduct the meeting in a manner that protects applicable statutory and constitutional rights and is consistent with applicable civil-rights and nondiscrimination laws.
IV. TECHNOLOGY AND SERVICE DISRUPTIONS
1. Meetings Conducted Under Government Code Section 54953.8. If a disruption prevents the City Council from broadcasting the meeting to the public through the call-in option or internet-based service option, or if a disruption within the City's control prevents members of the public from offering public comment through either option, the City Council shall take no further action on agenda items until the required public access or public-comment capability is restored. This requirement controls over any provision of the City's separately adopted technology-disruption policy that would otherwise permit the City Council to continue after a one-hour recess and adoption of findings.
2. Other City Council Meetings. For a meeting not conducted under Government Code section 54953.8, the City Council shall follow the City's adopted policy titled "Disruption of Internet Service or Two-Way Remote Access Technology During Public Meetings," adopted by Resolution No. 2026-70, as that policy may be amended.
V. LOSS OF A REMOTELY PARTICIPATING COUNCILMEMBER'S CONNECTION
1. Brief Recess. The presiding officer may briefly recess the meeting to allow the Councilmember to attempt to reconnect.
2. Quorum Remains. If a quorum remains, the City Council may continue the meeting. A disconnected Councilmember shall not be counted as present and shall not participate, deliberate, or vote while disconnected.
3. Quorum Lost. If the loss of the Councilmember's connection causes the City Council to lose a quorum, the City Council shall recess or adjourn and shall take no further action until a quorum is restored.
4. Required Technology. If the applicable framework requires both audio and visual participation, the Councilmember may resume participation only after both functions are restored, unless the Councilmember qualifies to participate under another applicable framework.
VI. CLOSED SESSION CONFIDENTIALITY
A Councilmember participating remotely in a closed session shall use a private and secure location and take reasonable measures to prevent unauthorized persons from hearing, observing, or participating in the closed session. A required disclosure that another adult is present at the remote location does not authorize that person to hear or participate in the closed session. If confidentiality cannot be maintained, the Councilmember shall not participate remotely in the closed session.
VII. ADMINISTRATION AND REVIEW
1. City Clerk. The City Clerk shall prepare required agenda notices, maintain the required minutes, and track each Councilmember's use of just-cause remote participation.
2. Councilmembers. Each Councilmember is responsible for providing timely information needed to identify the applicable statutory framework and for complying with applicable technology, disclosure, privacy, and security requirements.
3. Interpretation. The City Attorney may advise the City Council and City Clerk regarding application of this policy. Applicable law controls in the event of a conflict.
4. Statutory Review. Government Code section 54953.8.3 is scheduled to remain in effect only until January 1, 2030. The City Clerk and City Attorney shall review this policy before that date and whenever applicable law changes. 65318.10300\45412535.1
65318.10300\45412535.1
65318.10300\45412535.1