Page 72 - 2026 Lozano Smith Brown Act Handbook

(b)(1) In addition to any other applicable requirements of this chapter, a meeting held by a
eligible legislative body pursuant to this chapter shall comply with both of the following
requirements:

(A)(i)(I)(ia) All open and public meetings shall include an opportunity for members of the public
to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate
telephonic or internet service is not operational at the meeting location. If adequate telephonic or
internet service is operational at the meeting location during only a portion of the meeting, the
legislative body shall include an opportunity for members of the public to attend via a two-way
telephonic service or a two-way audiovisual platform during that portion of the meeting.

(ib)(Ia) On or before July 1, 2026, an eligible legislative body shall approve at a noticed public
meeting in open session, not on the consent calendar, a policy regarding disruption of telephonic
or internet service occurring during meetings subject to this sub-subclause. The policy shall
address the procedures for recessing and reconvening a meeting in the event of disruption and
the efforts that the eligible legislative body shall make to attempt to restore the service.

(Ib) If a disruption of telephonic or internet service that prevents members of the public from
attending or observing the meeting via the two-way telephonic service or two-way audiovisual
platform occurs during the meeting, the eligible legislative body shall recess the open session of
the meeting for at least one hour and make a good faith attempt to restore the service. The
eligible legislative body may meet in closed session during this period. The eligible legislative
body shall not reconvene the open session of the meeting until at least one hour following the
disruption, or until telephonic or internet service is restored, whichever is earlier.

(Ic) Upon reconvening the open session, if telephonic or internet service has not been restored,
the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore
the telephonic or internet service have been made in accordance with the policy adopted pursuant
to sub-sub-subclause (Ia) and that the public interest in continuing the meeting outweighs the
public interest in remote public access.

(II) Subclause (I) does not apply to a meeting that is held to do any of the following:

(ia) Attend a judicial or administrative proceeding to which the local agency is a party.

(ib) Inspect real or personal property provided that the topic of the meeting is limited to items
directly related to the real or personal property.

(ic) Meet with elected or appointed officials of the United States or the State of California, solely
to discuss a legislative or regulatory issue affecting the local agency and over which the federal
or state officials have jurisdiction.

(id) Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is
limited to items directly related to the facility.

(ie) Meet in an emergency situation pursuant to Section 54956.5.

60 LozanoSmith.com 2026 Brown Act Handbook