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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.

Members participating remotely under a “just cause” or emergency circumstances
exemption 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.

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.

Beginning January 1, 2025, the following member limits on remote participation
under the “just cause” and emergency circumstances exemptions apply:

• If a legislative body meets one or fewer times per month, remote participation is limited
to two meetings per year.
• If a legislative body meets twice per month, remote participation is limited to five
meetings per year.
• If a legislative body meets three or more times per month, remote participation is limited
to seven meetings per year.

There is a still a maximum of two meetings per member per year under the “just
cause” exception.

Notwithstanding the foregoing limits, additional remote meeting participation
may be required to accommodate a legislative body member under the Americans with Disability
Act. The California Attorney General opined that remote participation is a reasonable
accommodation for a member with a qualifying disability. The remote participation, however,
must be conducted in a manner that simulates in-person attendance. The Attorney General
opined that at a minimum a member participating remotely due to a qualified disability must (1)
use two-way video and audio streaming in real time and (2) disclose the identity of any adults
who are present with the member at the remote location.

(Government Code § 54953(f); __ Opns.Cal.Atty.Gen. __ (2024), Opn. No. 23-1002.)

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