AB 2449: New Brown Act Guidelines for a Zoom-Pleasant World

On September 13, 2022, the Governor signed Meeting Invoice 2449 (Rubio) (“AB 2449”) into regulation, amending sure parts of the Ralph M. Brown Act (“Brown Act”) referring to teleconference participation by members of legislative our bodies for and through public conferences. The brand new regulation amends current necessities set forth in Authorities Code part 54953 to facilitate digital conferences within the absence of a state of emergency by eradicating a number of the limitations that proved to be burdensome and unrealistic in the course of the COVID-19 pandemic.

Beforehand, Authorities Code part 54953 set out varied necessities for members of a legislative physique collaborating in public conferences by way of teleconferencing. It allowed for teleconference conferences below the “conventional guidelines” and below “AB 361.” To shortly overview, the conventional teleconference guidelines embrace: (1) posting assembly agendas in any respect teleconference places; (2) figuring out all teleconference places within the discover and agenda; and (3) making accessible every teleconference location to the general public. AB 361 allowed legislative our bodies to conduct their conferences through teleconference with out adhering to the necessities listed above; nevertheless, AB 361 solely utilized throughout a declared state of emergency.

AB 2449 creates a possibility for lower than a majority of the board (as much as 2 members of a 5-member board; as much as 3 members of a 7-member board) to attend through teleconference below sure situations when the vast majority of the board (a quorum) participates from a single bodily location open to the general public. When a quorum of the legislative physique participates in a bodily location open to the general public, AB 2449 authorizes the remaining board members to take part remotely below two particular circumstances:

(1) Simply trigger: The member notifies the legislative physique on the earliest potential alternative, together with at the beginning of an everyday assembly, of their have to take part remotely for “simply trigger,” together with a basic description of the circumstances referring to their want to look remotely on the given assembly. A member of the legislative physique could not use the provisions of this clause for greater than two conferences per calendar yr.

“Simply trigger” is outlined as any one of many following circumstances: (1) childcare or caregiving of a kid, mother or father, grandparent, grandchild, sibling, partner, or home associate that requires them to take part remotely; (2) a contagious sickness that forestalls a member from attending in particular person; (3) a necessity associated to a bodily or psychological incapacity; or (4) journey whereas on enterprise of the legislative physique or one other state or native company.

(2) Emergency Circumstances: The member requests the legislative physique to permit them to take part within the assembly remotely as a result of “emergency circumstances,” and the legislative physique takes motion to approve the request. “Emergency circumstances” means a bodily or household medical emergency that forestalls a member from attending in particular person. The legislative physique shall request a basic description of the circumstances referring to the member’s want to look remotely on the given assembly. This description usually needn’t exceed 20 phrases and shall not require the member to reveal any medical prognosis or incapacity, or any private medical info that’s already exempt below current regulation. For the needs of this clause, the next necessities apply:

(a) A member shall make a request to take part remotely at a gathering pursuant to this clause as quickly as potential.

(b) the legislative physique could take motion on a request to take part remotely on the earliest alternative. If the request doesn’t enable ample time to position proposed motion on such a request on the posted agenda for the assembly for which the request is made, the legislative physique could take motion by majority vote on the emergency circumstances request firstly of the assembly.

AB 2449 imposes further teleconferencing necessities, much like the necessities imposed below AB 361, when lower than a majority attends remotely for “simply trigger” or “emergency circumstances,” as described above. The extra necessities embrace, however are usually not restricted to:

• The legislative physique should present a manner for the general public to remotely hear, visually observe, and remotely handle the legislative physique, both by a two-way audiovisual platform or a two-way telephonic service and a stay webcasting of the assembly.
• When offering discover of the time and agenda of a gathering, the legislative physique should additionally present discover of how the general public can entry the assembly and supply feedback. The agenda should determine and embrace a possibility for the general public to attend and instantly handle the legislative physique by way of a call-in possibility, an internet-based service possibility, and in-person. The legislative physique additionally could not require public feedback to be submitted prior to the assembly however should present a possibility for the general public to deal with the physique in actual time.
• The legislative physique should implement a process for receiving and resolving requests for affordable lodging for people with disabilities, and should give discover of such process in every occasion discover of the assembly time is given or an agenda is posted.
• Members collaborating by way of distant teleconferencing should take part by way of each audio and visible know-how and members should publicly disclose on the assembly earlier than any motion is taken whether or not another people 18 years of age or older are current within the room on the distant location with the member and the final nature of the member’s relationship with the person.

Please observe that these provisions will solely be required if a member of a legislative physique is collaborating by teleconferencing as a result of “simply trigger” or “emergency circumstances.” Legislative our bodies could at all times meet through teleconference by following the “conventional guidelines,” and AB 361’s state of emergency authorization stays legitimate till January 1, 2024.

AB 2449 offers {that a} member could not take part in conferences solely by teleconference as a result of “simply trigger” or “emergency circumstances” for a interval of greater than three consecutive months or 20 % of the common conferences for the native company inside a calendar yr. If the legislative physique frequently meets lower than 10 instances a yr, a board member could not take part remotely in additional than two conferences.

The provisions of AB 2449 will stay in impact till January 1, 2026.