Page 119 - 2026 Lozano Smith Brown Act Handbook

authority, shall apply to members of the public participating in a meeting via a two-way telephonic
service or a two-way audiovisual platform.

(b) For purposes of this section, the following definitions apply:

(1) “Two-way audiovisual platform” means an online platform that provides participants with the
ability to participate in a meeting via both an interactive video conference and a two-way
telephonic service. A two-way audiovisual platform may be structured to disable the use of video
for the public participants.

(2) “Two-way telephonic service” means a telephone service that does not require internet access
and allows participants to dial a telephone number to listen and verbally participate.

54957.10. Closed sessions; local agency employee application for early withdrawal of
funds in deferred compensation plan; financial hardship

Notwithstanding any other provision of law, a legislative body of a local agency may hold closed
sessions to discuss a local agency employee’s application for early withdrawal of funds in a
deferred compensation plan when the application is based on financial hardship arising from an
unforeseeable emergency due to illness, accident, casualty, or other extraordinary event, as
specified in the deferred compensation plan.

54958. Application of chapter

The provisions of this chapter shall apply to the legislative body of every local agency
notwithstanding the conflicting provisions of any other state law.

54959. Criminal penalty for violation of chapter

Each member of a legislative body who attends a meeting of that legislative body where action is
taken in violation of any provision of this chapter, and where the member intends to deprive the
public of information to which the member knows or has reason to know the public is entitled
under this chapter, is guilty of a misdemeanor.

54960. Actions to stop or prevent violations of meeting provisions; recording
closed sessions

(a) The district attorney or any interested person may commence an action by mandamus,
injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened
violations of this chapter by members of the legislative body of a local agency or to determine
the applicability of this chapter to ongoing actions or threatened future actions of the legislative
body, or to determine the applicability of this chapter to past actions of the legislative body,
subject to Section 54960.2, or to determine whether any rule or action by the legislative body to
penalize or otherwise discourage the expression of one or more of its members is valid or invalid
under the laws of this state or of the United States, or to compel the legislative body to audio
record its closed sessions as hereinafter provided.

2026 Brown Act Handbook LozanoSmith.com 107