Page 18 - 2026 Lozano Smith Brown Act Handbook

those comments do not become a discussion of agency business “of a specific nature” among a
majority of the members of the legislative body.

It appears that if a member of the public posts information that is of interest to the
agency, one or more individual members of the legislative body could re-post that message in
order to make the information more available to the public. However, because there is such a
wide variety of types of interactions on social media, there are a host of specific situations that
the legislation did not address, and there are ambiguities that continue to lead to further debate
over what exactly the law permits or prohibits.

(Government Code § 54952.2.)

6. Meetings May be Held by Teleconference.

In specified circumstances, meetings may be held by teleconference with remote
participation by a legislative body member. The rules were revised and reorganized during the
2025 legislative session, effective January 1, 2026.

“Teleconference” means a meeting of a legislative body, the members of which
are in different locations, connected by electronic means, through either audio or video, or both.
“Teleconference” does not include one or more members watching or listening to a meeting via
webcasting or any other similar electronic medium that does not permit members to interactively
speak, discuss, or deliberate on matters.

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. The
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 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.

(Government Code § 54953.)

b. Alternative Teleconference Requirements. Local agencies need not
comply with the traditional teleconference agenda posting and physical meeting requirements in
specified circumstances if the following rules are followed. The agency must also comply with
any requirements for the specified circumstance. Because multiple provisions may apply to a
specified alternative teleconference circumstance, it is recommended that legal counsel be
consulted before choosing to use an alternative teleconference provision.

(1) The public must be able to remotely hear and visually observe the meeting, and
remotely address the legislative body, through either a two-way audiovisual platform or a
two-way telephonic service and a live webcasting of the meeting.

(2) All meeting notices and agendas must include notice of the means by which members
of the public may access the meeting and offer public comment.

6 LozanoSmith.com 2026 Brown Act Handbook