Page 20 - 2026 Lozano Smith Brown Act Handbook

disability, or any personal medical information that is otherwise exempt under existing law. No
vote of the legislative body is required to let the member attend remotely.

(3) The member must participate through both audio and visual technology.

(4) The minutes for the meeting must identify the specific reason the member relied upon
to participate remotely, but again does not require the disclosure of personal medical
information.

(5) The member using the just cause exception for remote attendance can only do so for a
limited number of times each calendar year as follows:

(a) Two meetings per year, if the legislative body regularly meets once per month
or less.

(b) Five meetings per year, if the legislative body regularly meets twice per
month.

(c) Seven meetings per year, if the legislative body regularly meets three or more
times per month.

These limits are specific to each individual member, so that, for example, two different
members on a legislative body that meets once per month can each use the just cause exception
twice in a year.

(Government Code § 54953.8.3.)

d. Emergencies. Teleconference meetings are permitted during a proclaimed
state of emergency or local emergency. The teleconference must be used either to: (a) determine
by majority vote whether as a result of the emergency, meeting in person would present
imminent risks to the health or safety of attendees; or (b) as a result of the emergency, the
legislative body determined that meeting in person would present imminent risks to the health or
safety of attendees.

The following additional requirements apply to the emergency provision:

(1) The legislative body must, no later than 45 days after teleconferencing for the first
time, and every 45 days thereafter, make the following findings by majority vote: (a) the
legislative body has reconsidered the circumstances of the state of emergency or local
emergency; and (b) the state of emergency or local emergency continues to directly impact the
ability of the members to meet safely in person.

(2) For emergency meetings, the legislative body is not required to provide a physical
location from which the public may attend or comment.

(3) The legislative body may elect to use a two-way telephonic service without a live
webcasting of the meeting.

8 LozanoSmith.com 2026 Brown Act Handbook