Keenan Briefings
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Briefing
AB 2449 Authorizes Use of Teleconferencing For Members of a Legislative Body or Local Agency Until January 1, 2026
AB 2449, signed into law on September 13, 2022, by Governor Newsom, amends part of the Brown Act relating to teleconferencing. AB 2449 allows members of a legislative body of a local agency the use of teleconferencing without needing to identify their location in the notice and agenda and without making their location open to the public if certain conditions are met. This amendment to the Brown Act is not permanent and is set to sunset on January 1, 2026.
Background
The use of teleconferencing by local agencies increased due to the COVID-19 pandemic. In March of 2020, the Governor issued Executive Order N-29-20, which authorized local legislative bodies to hold public meetings via teleconferencing and make public meetings accessible remotely. Under the Executive Order, there would not need to be a member quorum within the boundaries of the legislative body’s jurisdiction, nor would the teleconferencing locations of the members need to be posted in the agenda. Subsequently, AB 361 was passed and signed into law, allowing exemptions to the Brown Act’s teleconferencing requirements during a state or local emergency. AB 361 is in effect until January 1, 2024. AB 2449 neither amends nor repeals the provisions in AB 361, but rather adds an alternative for members of the legislative body of a local public agency to make a teleconference appearance.
New Law
AB 2449 allows for the use of teleconferencing for members without needing to identify the teleconference location in the notice and agenda and the location being accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular location, that is identified and accessible to the public. The member is authorized to participate remotely where “just cause” or an “emergency circumstance” exists. The member needing to appear remotely is to notify the legislative body at the earliest opportunity possible and the legislative body is to take action at the beginning of the meeting to approve the request. The law defines “emergency circumstance” as a physical or family medical emergency that prevents a member from attending in person. The law further defines “just cause” to mean any of the following:
- The need to provide childcare or caregiving of a family member.
- Having a contagious illness that prevents a member from attending in person.
- A need related to a physical or mental disability.
- Traveling while on official business of the legislative body or another state or local agency.
This law is not intended to serve as a means for a member of the legislative body to participate solely by teleconference. The member cannot request to participate in a meeting solely by teleconference by a remote location for a period of more than three consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
Legislative bodies may continue to meet via teleconference by complying with “traditional rules” or using AB 361.
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When can a legislative body meet via teleconference? |
Where at least a quorum of the legislative body participates from locations within the legislative body’s jurisdiction (Gov § 54953(a)(3). |
Where a proclaimed state of emergency exists as declared pursuant to the California Emergency Services Act, the legislative body can vote to meet via teleconference where state or local officials have imposed or recommended measures to promote social distancing. There is no need for a at least a quorum of the legislative body to participate from a location within the legislative body’s jurisdiction. To continue to hold meetings via teleconferencing in compliance with AB 361, the legislative body must continue to make the same findings of a need to meet via teleconference every 30-days. |
Where an individual member of a legislative body is requesting to meet remotely so long as at least a quorum of members of the legislative body participate in person from a singular physical location clearly identified on the agenda. The legislative body is to take action at the beginning of the meeting on a request to participate remotely at the earliest opportunity. However, a member of the legislative body shall only participate in the meeting remotely if (1) the member notifies the legislative body at the earliest opportunity possible or their need to participate remotely for just cause; or (2) the member request to participate remotely due to an emergency circumstance. |
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Must each teleconference location be posted in the agenda? |
Yes. At least 72 hours before a regular meeting, the legislative body shall identify each teleconference location in the notice and agenda. The agendas must be posted at each teleconference location. |
No. Each teleconference location from which a member will be participating in a public meeting does not need to be identified in the notice and agenda. |
No. The individual members location does not need to be identified. All other notice provisions under the “Brown Act” remain in place. |
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Must each location be accessible to the public? |
Yes. Each location must be accessible to the public in a manner that protects the statutory and constitutional rights of the parties or the public appearing at the meeting. The agenda shall provide an opportunity for members of the public to address the legislative body directly at each teleconference location (Gov. § 54953(a)(3)). |
No. Each teleconference location does not need to be accessible to the public, but the agenda must provide an opportunity for the public to attend via a call-in or an internet-based option. For the public to address the legislative body, the legislative body must provide the public adequate time for public comment either by a timed registration to participate or establishing a timed public comment period. |
Yes. The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly. However, the public shall not have access to the location of the member participating remotely. |
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How do the members vote via teleconference? |
All votes must be made by rollcall. |
All votes must be made by rollcall. |
All votes must be made by rollcall. |
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Is there a limit to the teleconference meeting? |
No. |
No. So long as a state of emergency is stated, a teleconference meeting is allowed per AB 361. |
Yes. A member is limited to request a teleconference option for a period of no more than three consecutive months or 20 percent of the regular meetings for the legislative body within a calendar year, or more than two meetings if the legislative regularly meets fewer than 10 times per year. |
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Is there a sunset date? |
No. |
Remains in effect until January 1, 2024. |
Remains in effect until January 1, 2026. |
The information contained in this briefing is intended to provide information regarding recent changes in the law and is not intended to be used as legal advice. Local agencies should review their continuing obligations under the Brown Act with their own legal counsel.
AP Keenan is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities, and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.
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