Current Brown Act provisions allow some ASMC Board members to participate via teleconferencing as long as there is a quorum of members in person in a single location. Limits are also placed on the number of times one may participate by teleconference and under what circumstances. (See "Background" section below and accompanying attachments.)

Action may be taken to allow ASMC Board members to participate remotely for just cause or emergency circumstances.

Background:

The following is copied from the legal update provided by Debra Sanders, Associate General Counsel of the School & College Legal Services of CA:

"The most recent update to the Brown Act remote participation rules is Assembly Bill 2302, which took effect on January 1, 2025. It amends Assembly Bill 2449 to state specific limits for the number of times an individual Board member can participate remotely. Details are provided in section 3, below.

Options for virtual and/or hybrid Board Meetings:

“Traditional Teleconference Rules”

Traditionally, if a member of a legislative body would like to participate via teleconferencing, the Brown Act requires the following:

a) Post agendas at all teleconference locations.

b) Identify each teleconference location in the notice and agenda of the meeting.

c) Make each teleconference location accessible to the public.

d) Participation by a quorum of the members of the legislative body from locations within the boundaries of the territory of the local agency, during the teleconference.

Teleconferencing Rules during a Proclaimed State of Emergency

In response to the COVID-19 pandemic, the Legislature enacted alternative and expanded teleconferencing opportunities. AB 361 authorized legislative bodies to utilize teleconferencing for public meetings during a proclaimed state of emergency. AB 361 was scheduled to sunset January 1, 2024. AB 557, which was signed into law by Governor Newsom on October 8, 2023, eliminated the sunset date, so a legislative body can continue to utilize teleconferencing during a proclaimed state of emergency and the legislative body:

a) Is meeting for the purpose of determining whether, as a result of emergency, meeting in person would present imminent risks to the health or safety of attendees; or

b) Has previously made such determination.

The legislative body must make findings no later than 45 days (as opposed to 30 days in AB 361) after the first teleconference and every 45 days thereafter that:

a) The legislative body has reconsidered the circumstances of the state of emergency; and

b) The state of emergency continues to directly impact the ability of the members to meet safely in person.

Based on these findings, the legislative body could either continue or cease meeting under the method of alternative teleconference rules.

Individual Board Member Remote Participation

Effective September 13, 2022, AB 2449 authorized a member of a legislative body to participate in a public meeting remotely if “emergency circumstances” or “just cause” exists. AB 2449’s primary difference from the pre-pandemic Brown Act rules on teleconferencing is that the member’s teleconference location does not have to be identified on the agenda or accessible to the public. This provision is scheduled to sunset effective January 1, 2026.

Limits to the number of allowable remote appearances by an individual Board Member per AB 2302, effective January 1, 2025.

Two times per year if the body regularly meets once per month or less.
Five times per year if the body regularly meets twice per month.
Seven times per year if the body regularly meets three or more times per month.

Requirements for the Legislative Body

Provide a way for the public to remotely hear, visually observe, and remotely address the legislative body, either by a two-way audiovisual platform or a two-way telephonic service and a live webcasting of the meeting.
When providing notice of the time and agenda of a meeting, also provide notice of how the public can access the meeting and offer comments. The agenda must include an opportunity for the public to attend and directly address the legislative body through:
- A call-in option;
- An internet-based service option; and
- In-person
Provide the public with the opportunity to address the body in real time. The public cannot be required to submit input prior to the meeting.
Implement a procedure for receiving and resolving requests for reasonable accommodations for individuals with disabilities.
In each instance that notice of the meeting time is given or an agenda is posted, include notice of the process of receiving and resolving requests for reasonable accommodations for individuals with disabilities.

Requirements for a Member to Participate Remotely

Participate through both audio and visual technology.
Publicly 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 the individual.

Just Cause – Defined as any one of the following circumstances:

Childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely;
A contagious illness that prevents a member from attending in person;
A need related to a physical or mental disability; or
Travel while on business of the legislative body or another state or local agency.
The member notifies the legislative body at the earliest possible opportunity, including at the start of a regular meeting, of their need to participate remotely for “just cause,” including a general description of the circumstances relating to their need to appear remotely at the given meeting.

Emergency Circumstances – A physical or family medical emergency that prevents a member from attending in person.

A member shall make a request to participate remotely in a meeting pursuant to this clause as soon as possible.
The legislative body shall request a general description not to exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law of the circumstances relating to the member’s need to appear remotely at the given meeting.
The legislative body may take action on a request to participate remotely at the earliest opportunity.
If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action by majority vote on the emergency circumstances request at the beginning of the meeting."

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