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g. Staff Meetings. Meetings among staff members are not subject to the
Brown Act, provided a majority of the legislative body members are not in attendance, as staff
members do not constitute a legislative body.

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; __ Ops.Cal.Atty.Gen.__ (2024), Opn. No. 23-102; 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 VI: a Guide to the Ralph M. Brown
Act, revised 2024, pp.18-20.)

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.

There are also alternative teleconferencing provisions for City of Los Angeles
Neighborhood Councils, and effective January 1, 2025, for Community College Student Body
Associations and Student Run Organizations.

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:

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