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real time. While video of the event would be made available to the public approximately a
month after the event, in the Attorney General’s view, this option was not enough to satisfy the
openness requirement of this exception.

Conclusion

This Attorney General opinion serves as a reminder that Brown Act “meetings” can occur in
unconventional and informal gatherings of governing body members just as they do in the
scheduled, formal meetings of those governing bodies. Public agencies should therefore take
care with communications and discussion of official business among members of their governing
bodies outside of designated meetings. What defines a “meeting” under the Brown Act is largely
fact-specific, so public agencies should consult with legal counsel to determine if unique events
attended by their members may qualify as meetings. Public agencies are also encouraged to
consult with legal counsel if they believe one of the exceptions to the Brown Act may apply to
their situation, as that too, is a fact-intensive determination.

3. Attorney General Provides Guidance on Accommodation of Legislative Body Members
With a Disability Through Remote Meeting Participation.

In July 2024, the California Attorney General opined that the Americans with Disabilities Act
requires public agencies to permit disabled members of a legislative body to remotely participate
in Brown Act meetings if the member’s disability precludes them from attending the meeting in-
person. (__ Ops.Cal.Atty.Gen. __ (2024), Opn.No. 23-1002.) Therefore, notwithstanding the
limits on the number of remote meetings that may be held as discussed above, additional remote
meeting participation may be required to accommodate a legislative body member with a
disability.

The remote participation, however, must be conducted in a manner that simulates in-person
attendance. After reviewing the existing remote participation rules, 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.

2025 Brown Act Handbook LozanoSmith.com