Page 5 - 2026 Lozano Smith Brown Act Handbook
P. 5

•  The definition of “just cause” is broadened to include, among other circumstances, a
                       physical or family medical emergency that prevents the member from attending in
                       person.  This personal emergency exception previously fell under a separate section that
                       had included additional requirements to allow for remote attendance.

                   •  There are a set of uniform noticing, disclosure, accessibility, and public comment
                       provisions for all alternative teleconferencing circumstances.

                   •  Legislative body members are expressly allowed to participate remotely as a reasonable
                       accommodation for a disability.  This change adopts the position from a prior Attorney
                       General opinion.

                   •  Teleconference does not include one or more members of a legislative body watching or
                       listening to a meeting via webcasting, without the ability to interact on the matter.  (Gov.
                       Code, §54953, subd. (e)(2)(B).)

                   •  Members of the public must be allowed to participate remotely at alternative
                       teleconference meetings.  (Gov. Code, § 54953.8(b).)

               Remote Public Participation

               SB 707 introduces the concept of an eligible legislative body, which includes city councils,
               county boards of supervisors, and special districts with substantial populations, employees, or
               revenues, and imposes new requirements on them to allow remote public participation at all
               meetings starting July 1, 2026.  Local educational agencies are not currently included in the
               definition of “eligible legislative body”, meaning that the provisions described below will not
               apply to them.

               The following are the eligible legislative body thresholds:

                   •  A city council or county board of supervisors with a governing population of 30,000 or
                       more.

                   •  A city council located in a county with a population of 600,000 or more.

                   •  Special districts in counties over 600,000 population and 200 full time employees; or
                       1,000 full time employees; or with annual revenues in excess of $400,000,000 and 200
                       full time employees.

               With limited exceptions, for all open legislative body meetings, eligible legislative bodies must
               include an opportunity for members of the public to attend via a two-way telephonic service or a
               two-way audiovisual platform, unless adequate telephonic or internet service is not operational at
               the meeting location.  If adequate telephonic or internet service is operational during only a
               portion of the meeting, the legislative body must allow participation during that portion.






       2026 Brown Act Handbook                                                                     LozanoSmith.com
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