Page 71 - 2026 Lozano Smith Brown Act Handbook
P. 71

(e) For purposes of this section, both of the following definitions apply:

                (1) “Disability” means a physical disability or a mental disability as those terms are defined in
               Section 12926 and used in Section 12926.1, or a disability as defined in Section 12102 of Title
               42 of the United States Code.

                (2)(A) “Teleconference” means a meeting of a legislative body, the members of which are in
               different locations, connected by electronic means, through either audio or video, or both.

               (B) Notwithstanding subparagraph (A), “teleconference” does not include one or more members
               watching or listening to a meeting via webcasting or any other similar electronic medium that
               does not permit members to interactively speak, discuss, or deliberate on matters.

                (3) “Remote participation” means participation in a meeting by teleconference at a location
               other than any physical meeting location designated in the notice of the meeting.

               54953.1.       Grand jury testimony

               The provisions of this chapter shall not be construed to prohibit the members of the legislative
               body of a local agency from giving testimony in private before a grand jury, either as individuals
               or as a body.

               54953.2.       Compliance with Americans with Disabilities Act

               All meetings of a legislative body of a local agency that are open, and public shall meet the
               protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of
               1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation
               thereof.

               54953.3.       Conditions to attendance

               A member of the public shall not be required, as a condition to attendance at a meeting of a
               legislative body of a local agency, to register his or her name, to provide other information, to
               complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.
               If an attendance list, register, questionnaire, or other similar document is posted at or near the
               entrance to the room where the meeting is to be held, or is circulated to the persons present
               during the meeting, it shall state clearly that the signing, registering, or completion of the
               document is voluntary, and that all persons may attend the meeting regardless of whether a
               person signs, registers, or completes the document.

               54953.4.       Remote public participation

               (a) The Legislature finds and declares that public access, including through translation of
               agendas as required by this section, is necessary for an informed populace. The Legislature
               encourages local agencies to adopt public access requirements that exceed the requirements of
               this chapter by translating additional languages, employing human translators, and conducting
               additional outreach.



      2026 Brown Act Handbook                                                                      LozanoSmith.com   59
   66   67   68   69   70   71   72   73   74   75   76