Page 70 - 2026 Lozano Smith Brown Act Handbook

agenda of the meeting or proceeding, and each teleconference location shall be accessible to the
public. During the teleconference, at least a quorum of the members of the legislative body shall
participate from locations within the boundaries of the territory over which the local agency
exercises jurisdiction, except as expressly provided in this chapter.

(4) The teleconferencing requirements of this subdivision shall not apply to remote participation
described in subdivision (c).

(c)(1) Nothing in this chapter shall be construed to prohibit a member of a legislative body with
a disability from participating in any meeting of the legislative body by remote participation as a
reasonable accommodation pursuant to any applicable law.

(2) A member of a legislative body participating in a meeting by remote participation pursuant
to this subdivision shall do both of the following:

(A) The member shall participate through both audio and visual technology, except that any
member with a disability, as defined in Section 12102 of Title 42 of the United States Code, may
participate only through audio technology if a physical condition related to their disability results
in a need to participate off camera.

(B) The member shall disclose at the meeting before any action is taken, whether any other
individuals 18 years of age or older are present in the room at the remote location with the
member, and the general nature of the member’s relationship with any of those individuals.

(3) Remote participation under this subdivision shall be treated as in-person attendance at the
physical meeting location for all purposes, including any requirement that a quorum of the
legislative body participate from any particular location. The provisions of subdivision (b) and
Sections 54953.8 to 54953.8.7, inclusive, shall not apply to remote participation under this
subdivision.

(d) (1) No legislative body shall take action by secret ballot, whether preliminary or final.

(2) The legislative body of a local agency shall publicly report any action taken and the vote or
abstention on that action of each member present for the action.

(3) (A) Prior to taking final action, the legislative body shall orally report a summary of a
recommendation for a final action on the salaries, salary schedules, or compensation paid in the
form of fringe benefits of either of the following during the open meeting in which the final
action is to be taken:

(i) A local agency executive, as defined in subdivision (d) of Section 3511.1.

(ii) A department head or other similar administrative officer of the local agency.

(B) This paragraph shall not affect the public’s right under the California Public Records Act
(Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created
or received in the process of developing the recommendation.

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