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h. Confirming Availability for a Meeting. Discussions among staff and
legislative body members solely to determine availability for a regular or special meeting or
coordinating the scheduling of a meeting is not “hearing, discussing, or deliberating on agency
business,” as set forth in Government Code section 54952.2, and is therefore not considered a
meeting. Additionally, Government Code section 54956 specifically authorizes a special
meeting to be called by a majority of the legislative body. The merits of any agenda items
should not be discussed.

(Government Code §§ 54952.2(c), 54956; 89 Ops.Cal.Atty.Gen. 241 (2006); see also California
Attorney General’s Office, The Brown Act, 2003, p. 12 and League of California Cities, Open
and Public: a Guide to the Ralph M. Brown Act, revised 2016, p.24.)

4. 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.

a. 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.
Sample teleconference agenda language and sample teleconference script is contained in
Appendix 3.

b. 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:

• 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

• 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.

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