Page 16 - 2024 Brown Act Handbook

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:

• The legislative body has reconsidered the circumstances of the state of
emergency; and

• 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).)

c. 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 each meeting they wish to
attend remotely. The legislative body must also take action to approve the request. If the request
is not made in time to place it on the agenda, such action may be taken at the beginning of the
meeting and must include a general description of the circumstances related to the member’s
need to participate remotely.

6 2024 Brown Act Handbook LozanoSmith.com