Page 17 - 2024 Brown Act Handbook

Members participating remotely due to an emergency 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. Members may not participate in meetings remotely
(whether due to an emergency, or in combination with “just cause”) for more than three
consecutive months or 20 percent of the legislative body’s meetings in one calendar year. If the
body meets less than 10 times a year, members may not participate remotely for more than two
meetings.

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 and accessible to the public and their location does not have to
appear in the agenda. The legislative body must also ensure means for the public to access and
participate in the meeting remotely, either via a two-way audio-visual platform or two-way
telephonic service plus live webcast, as a means by which the public may remotely hear and
visually observe the meeting and remotely address the legislative body.

(Government Code § 54953(f).)

5. Simultaneous or Serial Order Meetings.

When a legislative body also sits as the legislative body of another agency, for
example members of a city council also serving as members of a local public financing authority,
prior to holding a simultaneous or serial meeting of the subsequent legislative body, the clerk or
a member of the legislative body must orally announce before the meeting commences the
amount of extra compensation or stipend that any member receives from convening the
simultaneous or serial meeting, unless the amount of compensation is prescribed by statute.

(Government Code § 54952.3.)

6. Social Media.

In 2020, the Legislature amended the Brown Act to specifically address the use of
social media. Similar to the prohibition against using intermediaries to hold a meeting, a
majority of the members of a legislative body are prohibited from using a social media platform
to discuss agency business of a specific nature among themselves. Additionally, members of a
legislative body may not respond directly to any communication from another member on an
internet-based social media platform regarding a matter within their subject-matter jurisdiction.

On the other hand, social media may be used for answering questions or providing
information to the public as well as to solicit information from the public regarding a matter that
is within the subject matter jurisdiction of the legislative body.

Language that would have allowed additional social media interactions between
members of a legislative body, such as commenting on another member’s post, re-tweeting or
forwarding, posting an “emoji,” or even clicking the “like” button did not make it into the new

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