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Brown Act Teleconferencing Provisions <br />March 21, 2023 <br />Page 2 <br />3 <br />3 <br />2 <br />2 <br />o The Councilmember needs to participate remotely for “Just Cause”: <br />childcare or caregiving need, contagious illness, physical/mental disability <br />not otherwise accommodated, travel on official City business. <br />▪May only be used two times per calendar year. <br />▪Member must notify body at earliest opportunity possible, include at <br />the start of a regular meeting, and provide a general description of <br />the need to participate remotely. <br />o The Councilmember requests that the City Council allow the member to <br />participate remotely due to “Emergency Circumstances”: physical/family <br />medical emergency. <br />▪Requires a separate request to the legislative body each time with <br />general description of circumstances.1 <br />▪If the request does not allow sufficient time to place the proposed <br />action on such a request on the posted agenda for the meeting for <br />which the request is made, the legislative body may take action at <br />the beginning of the meeting to place the item on the agenda in <br />accordance with Government Code §54954.2(b)(4). <br />▪Approval requires a majority vote. <br />-When appearing remotely, the teleconferencing member must: <br />o Disclose, before any action is taken, whether any other individuals 18 years <br />of age or older are present with the member, along with the general nature <br />of their relationship. <br />o Participate through both audio and visual technology. <br />-Does not require teleconferencing location to be included on the agenda but the <br />public must be given notice of the means by which they can access the meeting <br />and offer public comment. <br />-The City cannot require public comments to be submitted in advance of the <br />meeting and must provide an opportunity for the public to address the City Council <br />and provide comment in real time. <br />-Members of the City Council cannot teleconference under these provisions more <br />than three consecutive months or 20% of regular meetings in the calendar year (4 <br />meetings).2 <br />-The legislative body shall provide at least one of the following means by which the <br />public may remotely hear and visually observe the meeting and remotely address <br />the legislative body: <br />o A two-way audiovisual platform <br />o A two-way telephonic service and a live webcasting of the meeting. <br />-In the event of a disruption that prevents broadcast of the meeting or public <br />participation, no action shall be taken on any items on the agenda until public <br />access to the meeting is restored. <br />1 A general description generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or <br />disability, or any personal medical information that is already exempt under existing law. <br />2 For Boards and Commissions that meet less than 10 times in a calendar year, the just cause/emergency circumstances provision <br />can only be utilized twice per calendar year.