Page 7 - Lozano Smith Board Member Toolkit 2026

Board Members Attending Remotely
When Necessary, Meetings May be Held by Teleconference.
The Brown Act permits meetings to be held by teleconferencing, provided all
requirements of the Brown Act are met. Teleconferencing means a meeting in different
locations connected by electronic means through either audio or video, or both.

In response to the COVID-19 pandemic, the California Legislature extended flexibility
under the Brown Act to allow legislative bodies and their members to conduct agency
business remotely. The Brown Act now provides legislative bodies with three options
for remote participation in public agency meetings: (a) traditional teleconferencing; (b)
remote attendance during a proclaimed state of emergency; and (c) through January 1,
2026, just cause or personal emergency exceptions.

> Traditional Teleconferencing Requirements. During the teleconferenced
meeting, at least a quorum of the members of the legislative body must
participate from locations within the boundaries of the local agency and each
location must be accessible to the public. Each agenda for teleconferenced
meetings must be posted at each location and provide an opportunity for
members of the public to address the legislative body directly at each
teleconference location. All votes taken during a teleconferenced meeting
must be by roll call.

> Declared Emergency. Public agencies may conduct remote meetings during a
proclaimed state of emergency without the need to comply with all of the
teleconferencing requirements of the Brown Act under the following
conditions:

o There is a proclaimed state of emergency, and the local agency’s
meeting is for the purpose of determining whether as a result of the
emergency, meeting in person would present imminent risks to the
health or safety of attendees; or

o There is a proclaimed state of emergency, and the local agency has
determined under the first option that, as a result of the emergency,
meeting in person would present an imminent risk to the health or
safety of attendees.

Legislative bodies must make the necessary findings by majority vote prior to
utilizing these provisions, and thereafter extend the authorization at least every
45 days, by making the following findings:
o The legislative body has reconsidered the circumstances of the state of
emergency; and

o The state of emergency continues to directly impact the ability of the
members to meet safely in person.

4 Guide to Effective Governance