Page 65 - BrownActHandbook

(A) The legislative body holds a meeting during a proclaimed state of emergency for the
purpose of determining, by majority vote, whether as a result of the emergency, meeting in
person would present imminent risks to the health or safety of attendees.

(B) The legislative body holds a meeting during a proclaimed state of emergency and has
determined, by majority vote, pursuant to subparagraph (A), that, as a result of the emergency,
meeting in person would present imminent risks to the health or safety of attendees.

(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the
following:

(A) In each instance in which notice of the time of the teleconferenced meeting is otherwise
given or the agenda for the meeting is otherwise posted, the legislative body shall also give
notice of the means by which members of the public may access the meeting and offer public
comment. The agenda shall identify and include an opportunity for all persons to attend via a
call-in option or an internet-based service option.

(B) In the event of a disruption that prevents the legislative body from broadcasting the meeting
to members of the public using the call-in option or internet-based service option, or in the event
of a disruption within the local agency’s control that prevents members of the public from
offering public comments using the call-in option or internet-based service option, the legislative
body shall take no further action on items appearing on the meeting agenda until public access to
the meeting via the call-in option or internet-based service option is restored. Actions taken on
agenda items during a disruption that prevents the legislative body from broadcasting the
meeting may be challenged pursuant to Section 54960.1.

(C) The legislative body shall not require public comments to be submitted in advance of the
meeting and must provide an opportunity for the public to address the legislative body and offer
comment in real time.

(D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through
the use of an internet website, or other online platform, not under the control of the local
legislative body, that requires registration to log in to a teleconference may be required to
register as required by the third-party internet website or online platform to participate.

(E) (i) A legislative body that provides a timed public comment period for each agenda item
shall not close the public comment period for the agenda item, or the opportunity to register,
pursuant to subparagraph (D), to provide public comment until that timed public comment period
has elapsed.

(ii) A legislative body that does not provide a timed public comment period, but takes public
comment separately on each agenda item, shall allow a reasonable amount of time per agenda
item to allow public members the opportunity to provide public comment, including time for
members of the public to register pursuant to subparagraph (D), or otherwise be recognized for
the purpose of providing public comment.

2025 Brown Act Handbook LozanoSmith.com 53