Page 9 - Microsoft Word - Lozano Smith Board Member Toolkit 2025

Members seeking to participate remotely due to emergency circumstances
must make a request as soon as possible, providing a separate request for
each meeting they wish to attend remotely. The legislative body must also
take action to approve the request. If the request is not made in time to place
it on the agenda, such action may be taken at the beginning of the meeting
and must include a general description of the circumstances related to the
member’s need to participate remotely.

Members participating remotely for just cause or due to a personal emergency
must participate both on camera and via audio. Additionally, before any action
is taken, the member must disclose if anyone 18 or older is in the room at the
remote location with them, and the general nature of the relationship with the
person or persons. Members are limited in the combined number of meetings
per year they may attend remotely under either just cause or personal
emergency exceptions, as follows: twice per year if the legislative body meets
one or fewer times per month; five per year if the legislative body meets twice
per month; and seven per year if the legislative body meets three or more
times per month.

The legislative body must still adhere to the quorum, notice, and agenda
requirements applicable under the Brown Act. Unlike the traditional
teleconferencing option, individual members who are remotely attending the
meeting under this option are not required to make their remote location open
and accessible to the public and their location does not have to appear in the
agenda. The legislative body must also ensure means for the public to access
and participate in the meeting remotely, either via a two-way audio-visual
platform or two-way telephonic service plus live webcast, as a means by which
the public may remotely hear and visually observe the meeting and remotely
address the legislative body.

(Government Code § 54953(f).)

 Remote Attendance as Accommodation for a Qualified Disability. The
California Attorney General opined that the Americans with Disabilities Act
requires public agencies to permit members of a legislative body with a
qualified disability to remotely participate in Brown Act meetings if the
disability precludes them from attending the meeting in-person. Per the
Attorney General, the remote attendance should simulate in-person
attendance, and at minimum, the member should:
o use two-way video and audio streaming in real time; and,
o disclose the identity of any adults who are present with the member at
the remote location.

6 Guide to Effective Governance