STATE RULES FOR REMOTE PARTICIPATION
BY MEMBERS OF COUNCIL, BOARDS,
COMMISSIONS, AND COMMITTEES
EFFECTIVE MARCH 1, 2023
2 BROWN ACT TELECONFERENCE RULES (PRE-COVID)
Authorizes member(s) of a legislative body to participate remotely IF:
1. A quorum of the body participates from within the jurisdiction; and
2. The address of each location is listed on the agenda; and
3. The agenda is posted at each location 72 hours prior to the meeting; and
4. Each location is open and accessible to the public and allows for public comment; and
5. All votes are taken by roll call.
3 • Temporary legislation that applies only if:
– Certain conditions are met, including a declared state or local emergency; and
– Certain findings adopted by the legislative body every 30 days • Suspends some of the Brown Act’s rules for teleconference meetings:
– The agenda does not have to list remote locations
– The agenda does not have to be posted at remote locations – Members of the public do not have to be allowed to participate at remote locations – A quorum does not have to meet from within the City
• As of March 1, 2023, the California State of Emergency will end – The conditions for teleconference meetings under AB 361 will likely no longer exist
AB361 (IN EFFECT 10/1/2021 – 1/1/2024)
4 AB2449 (IN EFFECT 1/1/2023 – 1/1/2026)
• Temporary legislation suspending some teleconference
requirements of the Brown Act.
• Allows a member of the legislative body to participate remotely without disclosing or providing public access to the remote location(s):
– In certain circumstances;
– With limitations to the frequency of use;
– IF certain requirements are met by the member AND the legislative body/agency
5 AB2449 - ELIGIBLE EXCEPTIONS
JUST CAUSE
1. The need to provide childcare or
caregiving for a family member; or
2. Having a contagious illness that prevents
in-person attendance; or
3. A need related to a physical or mental
disability; or
4. Traveling while on official business of the
legislative body, or other state/local
agency.
EMERGENCY CIRCUMSTANCES
1. A physical or family medical
emergency that prevents a
member from attending the
meeting in person
6 AB2449 – LIMITATIONS OF USE
Example of Maximum Use:
• 26 Regular meetings (twice monthly) = no more than 5
meetings (including any uses of Just Cause).
• 12 Regular meetings (monthly) = no more than 2 meetings (including any use of Just Cause)
JUST CAUSE
• No more than 2 times per calendar year
ALL ELIGIBLE CIRCUMSTANCES
• 3 consecutive months or 20% of the
regular meetings within a calendar year.
7 AB2449 - REQUIREMENTS
LEGISLATIVE BODY MEMBER
• Provide notice as soon as possible with
general description of circumstances to
determine eligibility
• A separate request is required for each
meeting
• Must participate with both audio and
video
• Before each vote verbally disclose any
individual 18+ present in the room and
nature of relationship
LEGISLATIVE BODY/AGENCY
• Ensure a quorum is present in-person
• Must provide a remote option for
public participation and list on the
agenda
• No action can be taken if method
of remote public participation
becomes unavailable during the
meeting
• EMERGENCY CIRCUMSTANCES ONLY
Must consider and take action on
request(s) at the beginning of the
meeting
8 CITY COUNCIL
Starting March 1
• Council will continue to meet in person but without Zoom for the public, unless Council directs otherwise
– Zoom will be available for consultants making presentations • Public participation will be in person or by the eComment system or email
9 CITY ADVISORY BODIES
Starting March 1
• All Board, Commission, and Committee meetings will be in-person only
– ECD plans to make Zoom available for consultants only for Planning Commission and Design Review Board meetings
• Public participation will be in person or by email