Page 21 - 2026 Lozano Smith Brown Act Handbook

(Government Code § 54953.8.2.)

e. Subsidiary Bodies. Subsidiary bodies may conduct teleconference
meetings. A subsidiary body is commission, committee, board or other body of a local agency,
that serves exclusively in an advisory capacity. Subsidiary bodies may not conduct meetings
under this provision if the subsidiary body has primary subject matter jurisdiction that focuses
on: elections; budgets; police oversight; privacy; removing from, or restricting access to,
materials available in public libraries; or taxes or related spending proposals. An eligible
subsidiary body may include members who are elected officials, members who are not elected
officials, or any combination thereof.

The following additional requirements apply to subsidiary bodies:

(1) The subsidiary body shall designate one physical meeting location within the
boundaries of the legislative body that created the subsidiary body where members of the
subsidiary body who are not participating remotely must be present and members of the public
may physically attend, observe, hear, and participate in the meeting. At least one staff member
of the subsidiary body or the legislative body that created the subsidiary body must be present at
the physical meeting location during the meeting. The subsidiary body must post the agenda at
the physical meeting location, but need not post the agenda at a remote location.

(2) Members of the subsidiary body must visibly appear on camera during the open
portion of a meeting that is publicly accessible via the internet or other online platform, except if
the member has a physical or mental condition that results in a need to participate off camera.

(3) The visual appearance of a member of the subsidiary body on camera may cease only
when the appearance would be technologically infeasible, including, but not limited to, when the
member experiences a lack of reliable broadband or internet connectivity that would be remedied
by joining without video.

(4) If a member of the subsidiary body does not appear on camera due to challenges with
internet connectivity, the member must announce the reason that their image is not appearing
prior to turning off their camera.

(5) An elected official serving as a member of a subsidiary body in their official capacity
may not participate in a meeting of the subsidiary body by teleconferencing unless the person
uses the traditional teleconference provisions.

(6) The legislative body that established the subsidiary body must make the following
findings at a regular in-person meeting by majority vote before the subsidiary body uses
teleconferencing for the first time, and every six months thereafter:

(a) The legislative body has considered the circumstances of the subsidiary body.

(b) Teleconference meetings of the subsidiary body would enhance public access
to meetings of the subsidiary body, and the public has been made aware of the type of
remote participation, including audio-visual or telephonic, that will be made.

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