Page 8 - Board Member Toolkit

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.

A “state of emergency” is defined as an emergency proclaimed pursuant to
section 8625 of the California Emergency Services Act. This would include the
state of emergency proclaimed by the Governor during the COVID-19
Pandemic.

If a public agency conducts remote public meetings during a proclaimed
emergency, the public must be given notice and an opportunity to comment
and participate at meetings in real time, including by using remote media. Also
relaxed are certain teleconference meeting requirements relating to member
participation, agendas and public accessibility at remote locations. At the same
time, however, the new law continues to ensure that virtual meetings meet the
underlying aim of the Brown Act, to ensure that meetings of local agencies be
open and public.

(Government Code § 54953(b)-(e).)

> Just Cause and Personal Emergency Circumstances. Beginning January 1, 2023,
and until January 1, 2026, in addition to the traditional teleconferencing rules
for non-emergency situations and the relief provided during a proclaimed
state of emergency, individual members of legislative bodies may utilize
additional exemptions in case of (1) a personal physical or family medical
emergency, or (2) for “just cause,” defined as a caregiving need, contagious
illness, physical or mental disability, or travel while on official business of the
legislative body or another local or state agency. At least a quorum of the
legislative body must meet in person.

Members seeking to participate remotely for “just cause” must notify the
legislative body as soon as possible, including at the beginning of a meeting, of
their need to participate remotely. This notification must include a general
description of the circumstances relating to their need to participate remotely.
Members may only use this provision for up to two meetings per year.

Members seeking to participate remotely due to emergency circumstances
must make a request as soon as possible, providing a separate request for

Guide to Effective Governance 5