Page 86 - 2026 Lozano Smith Brown Act Handbook
P. 86

(2)(A) A member of the eligible subsidiary body shall visibly appear on camera during the open
               portion of a meeting that is publicly accessible via the internet or other online platform, except if
               the member has a physical or mental condition not subject to subdivision (c) of Section 54953
               that results in a need to participate off camera.

               (B) The visual appearance of a member of the eligible subsidiary body on camera may cease
               only when the appearance would be technologically infeasible, including, but not limited to,
               when the member experiences a lack of reliable broadband or internet connectivity that would be
               remedied by joining without video.

               (C) If a member of the eligible subsidiary body does not appear on camera due to challenges
               with internet connectivity, the member shall announce the reason for their nonappearance prior
               to turning off their camera.

               (3) An elected official serving as a member of an eligible subsidiary body in their official
               capacity shall not participate in a meeting of the eligible subsidiary body by teleconferencing
               pursuant to this section unless the use of teleconferencing complies with the requirements of
               paragraph (3) of subdivision (b) of Section 54953.

               (4)(A) In order to use teleconferencing pursuant to this section, the legislative body that
               established the eligible subsidiary body by charter, ordinance, resolution, or other formal action
               shall make the following findings by majority vote before the eligible subsidiary body uses
               teleconferencing pursuant to this section for the first time, and every six months thereafter:

               (i) The legislative body has considered the circumstances of the eligible subsidiary body.

               (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to
               meetings of the eligible subsidiary body, and the public has been made aware of the type of
               remote participation, including audio-visual or telephonic, that will be made available at a
               regularly scheduled meeting and has been provided the opportunity to comment at an in-person
               meeting of the legislative body authorizing the subsidiary body to meet entirely remotely.

               (iii) Teleconference meetings of the eligible subsidiary body would promote the attraction,
               retention, and diversity of eligible subsidiary body members.

               (B)(i) An eligible subsidiary body authorized to use teleconferencing pursuant to this section
               may request to present any recommendations it develops to the legislative body that created it.

               (ii) Upon receiving a request described in clause (i), the legislative body that created the
               subsidiary body shall hold a discussion at a regular meeting held within 60 days after the
               legislative body receives the request, or if the legislative body does not have another regular
               meeting scheduled within 60 days after the legislative body receives the request, at the next
               regular meeting after the request is received.

               (iii) The discussion required by clause (ii) shall not be placed on a consent calendar, but may be
               combined with the legislative body’s subsequent consideration of the findings described in
               subparagraph (A) for the following 12 months.



     74   LozanoSmith.com                                                                       2026 Brown Act Handbook
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