Page 8 - Lozano Smith Board Member Toolkit 2026

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. 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 an additional
exemption for “just cause,” defined as a caregiving need, contagious illness,
physical or mental disability, travel while on official business of the legislative
body or another local or state agency, an immunocompromised family
member, a physical or family medical emergency, or military service
obligations. At least a quorum of the legislative body must meet in person at a
singular physical location within the jurisdictional boundaries of the legislative
body.

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;
however, Members are not required to divulge a medical diagnosis, a disability
or personal medical information.

Members participating remotely for just cause must participate both on
camera and via audio. Additionally, before any action is taken, the member
must disclose if anyone 18 or older is in the room at the remote location with
them, and the general nature of the relationship with the person or persons.
Individual members are limited in the combined number of meetings per year
they may attend remotely for just cause, as follows: twice per year if the
legislative body meets one or fewer times per month; five per year if the
legislative body meets twice per month; and seven per year if the legislative
body meets three or more times per month.

The legislative body must still adhere to the quorum, notice, and agenda
requirements applicable under the Brown Act. Unlike the traditional
teleconferencing option, individual members who are remotely attending the
meeting under this option are not required to make their remote location open

Guide to Effective Governance 5