City Attorney’s Summary of AB 2449
Overview: Existing provisions of the Brown Act allow members of legislative bodies to attend meetings remotely if the teleconference location is listed on the agenda, the agenda is posted at each teleconference location, and the member teleconferencing ensures their location is accessible to the public and has technology to enable the public to address the public agency directly at the teleconference location. Assembly Bill (AB) 361 allowed local public agencies to meet remotely during a declared emergency without complying with these teleconferencing requirements, by making appropriate findings related to the emergency and need to meet remotely.
AB 2449 will become effective January 1, 2023. It adds a new procedure for remote participation that allows members to attend meetings remotely without disclosing the location or making it accessible to the public. AB 2449 applies only when the legislative body meets the threshold requirement of a quorum participating in person from a physical location that is open to the public (e.g., a quorum attending in the council chambers). If the legislative body meets the in-person quorum prerequisite, other members may participate remotely if they meet one of the following standards for remote participation:
1. Just Cause Remote Participation
x Notification Requirement: Member wishing to participate under this exception must provide notice at the earliest possible opportunity, including at the start of a meeting, of their need to participate remotely and provide a general description of the circumstances related to one of the four “just cause” factors defined in the law.
x Eligible Reason: Limited to the following “just cause” situations:
(a) childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely;
(b) a contagious illness that prevents a member from attending in person; (c) a need related to a physical or mental disability; or (d) while traveling on business of the legislative body or another state or local agency.
2. Emergency Circumstances Remote Participation:
x Notification Requirement: Member wishing to participate under this exception must provide notice as soon as possible. Council may act on this request at the earliest opportunity, including at the beginning of a meeting (by majority vote) if the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made. x Eligible Reason: A physical or family medical emergency that prevents a member from attending in person. The member must provide general description of the circumstances relating to the need to appear remotely, Attachment 10
which need not be more than 20 words or disclose any personal medical information.
Additional Requirements: If members participate remotely under either provision, the City must also ensure that it meets the following requirements:
x Remote Public Access: Public must be able to remotely hear, visually observe, and remotely address the legislative body during the meeting (two-way audiovisual platform or a two-way telephonic service and a live webcasting) x Public Notice of Access Options: City must provide notice of how the public can access the meeting and comment. The agenda must include an opportunity for the public to attend and directly address the legislative body through a call-in option, an internet-based service option, and in-person at the location of the meeting.
x “Real Time” Public Comment Required. City cannot require comments to be submitted before the start of the meeting; public must have the opportunity to provide comment during the meeting.
x Pause Meetings for Technical Difficulties: If the meeting broadcast or ability to take remote public comment is disrupted, no further action can be taken on agenda items until the issue is resolved.
x Reasonable Accommodations for Disabilities: City must have a procedure, and provide notice, for receiving and resolving requests for reasonable accommodations for individuals with disabilities
x Requirements at Members’ Remote Locations: Members participating remotely must participate through both audio and visual technology. Members must also publicly disclose at the beginning of the whether any other individuals 18 years of age or older are present in the same room at their remote location with the member, and explain the general nature of the member’s relationship with the individual.
x Limit on Number of Remote Meetings Under AB2994: Individual members may not participate remotely under these provisions for more than three consecutive months or 20% of the City’s regular meetings within a calendar year, or more than two meetings for legislative bodies that regularly meet less than 10 times a year.
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