New Law Amends “Just Cause” and “Emergency Circumstances” Limits for Remote Attendance by Board Members during Public Meetings

10.04.2024

On September 22, 2024, Governor Newsom signed Assembly Bill (“AB”) 2302 to amend certain portions of the Ralph M. Brown Act (“Brown Act”) relating to members of legislative bodies participating by teleconference during public meetings. In summary, effective January 1, 2025, AB 2302 amends existing teleconferencing requirements set forth in Government Code section 54953 to revise the limits for when members of a legislative body may participate remotely due to “just cause” or “emergency circumstances.”

Previously, AB 2449 (2022) amended the provisions of the Brown Act to create an opportunity for less than a majority of a legislative body to attend via teleconference under certain conditions when the majority of the board (a quorum) participates from a single physical location open to the public. When a quorum of the legislative body participates in a physical location open to the public, AB 2449 authorized the remaining board members to participate remotely under two specific circumstances: “just cause” or “emergency circumstances.”[1] Notably, per AB 557 (2023), the ability for legislative members to attend public meetings via teleconferencing alternatives for “just cause” or “emergency circumstances” will be eliminated effective January 1, 2026.[2] However, until January 1, 2026, members of legislative bodies may continue participate via teleconferencing for “just cause” or under “emergency circumstances.”

Under existing law, a member of a legislative body may not participate in meetings solely by teleconference due to “just cause” or “emergency circumstances” for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year. If the legislative body regularly meets less than 10 times a year, a board member may not participate remotely in more than two meetings.

Effective January 1, 2025, AB 2302 amends these limits to prohibit remote participation in public meetings for more than a specific number of meetings per year based on how frequently the legislative body regularly meets. Specifically, a member may only participate remotely using “just cause” or “emergency circumstances” for two meetings per year if the legislative body meets once per month or less. For legislative bodies that meet regularly twice per month, a member is limited to remote participation using “just cause” or “emergency circumstances” for five meetings per year. For legislative bodies that regularly meet three or more times per month, a member is limited to such remote participation for seven meetings per year. For the purpose of counting a “meeting” under these circumstances, a “meeting” is defined as “any number of meetings of the legislative body of a local agency that begin on the same calendar day.”

Importantly, while AB 2302 amended the number of meetings a member of legislative body may participate remotely due to “just cause” or “emergency circumstances” as noted above, the new legislation did not amend the previous restriction limiting the use of remote participation for “just cause.” Therefore, even after the provisions of AB 2302 go into effect, a member of a legislative body may not use the “just cause” exception for more than two meetings per calendar year.

We strongly encourage those who have further questions about the new changes brought by AB 2302 to reach out and confer with the authors of this Alert or your AALRR attorney.

[1] Read more about these circumstances in our previous Alert on AB 2449 here.

[2] Read more about AB 557 in our previous Alert here.