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1 RiversideCA.gov
1 RiversideCA.gov
LEGAL UPDATE
City Attorney’s Office
Presenter: Interim Assistant City Attorney
AARON L. CHANDLER
January 10, 2023
RiversideCA.gov
2 Teleconference Meetings of the Legislative Body
Brown Act Requirements
Traditional rules for teleconferencing are found in Government Code section 54953
1. Post agendas at all teleconference locations;
2. Publish each teleconference location on the agenda;
3. Make each teleconference location open to the public; and
4. Take votes by roll call.
5. At least a quorum shall participate in person.
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3 Teleconference Meetings of the Legislative Body
Brown Act Requirements
• While a state of emergency is in place, AB 361 relaxed these traditional rules and made it easier to teleconference. (no in-person quorum). • Give notice and post the agenda as required by law.
• Provide the public virtual or telephonic access to address the body; and • Not take any action during broadcast interruptions.
• Review the state of emergency every 30 days regarding health measures. AB 361 sunsets on January 1, 2024 or expires when the state of emergency is lifted.
RiversideCA.gov
4 Teleconference Meetings of the Legislative Body
• From January 1, 2023, through January 1, 2024, a local agency may use the following procedures to hold public meetings:
• Traditional Brown Act teleconferencing rules; or
• AB 361 teleconferencing rules (state of emergency declared); or • AB 2449 new teleconferencing rules if the requirements are met. • However, if the state of emergency order is lifted by the Governor, l o c a la g e n c i e sw i l ln ol o n g e rb ea b l et or e l yo nA B3 6 1a n dw i l lb el e f t with Traditional Brown Act rules and AB 2449 rules.
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5 Teleconference Meetings of the Legislative Body
AB 2449 Amendments
• Beginning January 1, 2023, AB 2449 will allow less than a majority of the legislative body to attend a meeting via teleconference for “just cause” or personal “emergency circumstances” when the majority meets from one location within the jurisdiction.
RiversideCA.gov
6 Teleconference Meetings of the Legislative Body
AB 2449 Amendments
• The legislative body must be notified as early as possible of “Just Cause” and is defined as:
1. Caregiving for a child, spouse, parent, grandparent, grandchild, or domestic partner that requires remote attendance;
2. Contagious illness;
3. Physical or mental disability; or
4. Traveling for public business.
• This exemption may not be used by a member more than 2 meetings within one calendar year.
*Legislative body does not need to take action to allow member to attend virtually under these circumstances.
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4 RiversideCA.gov
7 Teleconference Meetings of the Legislative Body
AB 2449 Amendments
• For personal “emergency circumstances” the member should submit a request for permission, as soon as possible, to attend via teleconference. • Physical or family emergency that prevents attendance in person. • Provide a general description of the circumstances for the need for virtual appearance (no longer than 20 words and does not need to disclose confidential medical information or personal information). • If there is insufficient time to publish the proposed action on the agenda for that meeting, the body may consider and vote at the beginning of the meeting.
*Legislative body action required to approve remote attendance. • AB 2449 sunsets on January 1, 2026.
RiversideCA.gov
8 Further Requirements of
AB 2449 Amendments
• The member must participate through both audio and visual technology. • Must disclose whether anyone over age of 18 is present in the room and general nature of relationship.
• Cannot teleconference more than 3 consecutive months or 20% of the regular meetings within the calendar year (if less than ten times per year, max teleconference is 2 meetings).
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5 RiversideCA.gov
9 Notice and Agenda Requirements of
AB 2449 Amendments
• Legislative body must provide a two-way audiovisual platform or two-way telephonic service and live webcasting of the meeting so that the public may remotely hear, observe, and address the legislative body during the meeting.
• The agenda does not need to be posted at all teleconferencing locations. • Public access only needs to be assured of the physical location where there is a quorum.
• The locations of the members participating remotely do not need to be disclosed.
RiversideCA.gov
10 State of Emergency
• Traditional teleconferencing rules will remain in effect and utilized without adherence to the above requirements.
• AB 361 amendments will remain in place through the sunset date of January 1, 2024, or expires when the state of emergency is lifted. • If the state of emergency is lifted, AB 361 will be repealed. • Local agencies may only rely on AB 2449 which takes effect no earlier than January 1, 2023 and the Traditional teleconferencing rules may still be utilized.
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11 OFFICE OF THE CITY ATTORNEY
TELECONFERENCING LEGAL UPDATE
QUESTIONS?
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