DISCUSSION
The attached 2022 edition of the Manual of Procedures for City Council Meetings reflects current City Council meeting practices and includes amendments to the Brown Act for public meetings, particularly the provisions of AB 2449 and SB 1100.
AB 2449 - Teleconferencing.
AB 2449 adds Govt. Code section 54953(f) to the Brown Act and provides that a councilmember can teleconference into a meeting without noticing the location on the agenda or making the location available for public participation for either “just cause” or “emergency circumstances.” However, at least a quorum of the Council (50% + 1) must attend the meeting in person from a single location that is identified on the agenda and open to the public. The meeting must be broadcast by two-way audio visual means.
A councilmember can participate remotely under either of the following circumstances:
1. Just Cause – defined as a childcare or caregiving need 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 defined in the Government Code that is not otherwise accommodated as a reasonable accommodation under the ADA; or travel while on official business of the Council or another state or local agency.
2. Emergency Circumstances – defined as a physical or family medical emergency that prevents a member from attending in person.
A councilmember who elects to participate remotely for just cause may not do so no more than two times per calendar year. The councilmember must notify the Council of the need to teleconference due to just cause at the earliest opportunity possible, including at the start of a regular meeting, and must include a general description of the circumstances relating to their need to appear remotely during the meeting. A councilmember does not need the Council’s approval to teleconference for just cause. However, if the meeting is not broadcast by way of two-way audio visual, the councilmember could not attend for just cause.
If a councilmember desires to participate remotely due to emergency circumstances, this request must be approved by the Council for the meeting at which the councilmember desires to participate via teleconference. The Council must request a general description of the circumstances relating to the need to appear remotely, which generally does not need to exceed 20 words, nor shall it require the councilmember to disclose any medical diagnosis, disability, or other personal medical information that is otherwise protected by law. The Council may take action on a councilmember’s request at the earliest opportunity, and if the request does not allow sufficient time to place the item on the posted agenda, then the Council may take action at the beginning of the meeting to consider the request. A councilmember must make a separate request for each meeting he or she wishes to participate remotely.
If a councilmember participates remotely for either just cause or emergency circumstances, a number of additional requirements apply, as follows:
- The in-person Council meeting must provide at least one of the following as a means by which the public may remotely hear, visually observe the meeting, and remotely address the Board:
1. A two-way audiovisual platform – An online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function; or
2. A two-way telephonic service and a live webcasting of the meeting – A two-way telephone service means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. Webcasting refers to a streaming video broadcast online or on television using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
- The remote councilmember must participate through both audio and visual technology.
- Before any action is taken, the remote councilmember must disclose at the meeting whether any other adults are present in the room and the nature of the member’s relationship with any such individuals.
- The meeting agenda must identify and provide the opportunity for persons to attend and address the Council directly (in real time).
- A councilmember cannot participate in meetings solely by teleconference either for just cause or emergency circumstances for more than three consecutive months or 20% of the regular meetings for the Council within a calendar year or, if the Council meets fewer than 10 times per calendar year, then no more than two meetings per year.
- No action can be taken in the event of a disruption that prevents the Council from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, until public access is restored.
- This option sunsets on January 1, 2026.
SB 1100 - Removal of Individuals Disrupting a Meeting.
SB 1100 adds Government Code Section 54957.95 to the Brown Act. Under SB 1100, the Mayor, or his or her designee, is now expressly authorized to remove an individual for disrupting a Council meeting. An individual’s behavior is deemed “disruptive” if it actually disrupts, disturbs, impedes, or otherwise renders infeasible the orderly conduct of the meeting. Before a person can be removed, however, the Mayor generally must warn the person that that their behavior is disruptive and that continued disruption may result in the person’s removal. However, no prior warning is required if the person is engaging in behavior that constitutes use of force or a true threat of force against someone.