Understanding Brown Act and Teleconference Meeting Requirements
The Brown Act, officially known as the Ralph M. Brown Act, ensures public participation in local legislative body meetings. Learn about its rules and procedures, including agenda posting requirements. Explore modifications due to COVID-19 for teleconference meetings and the importance of public access and participation.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Brown Act Updates January 23, 2023 Active Transportation Advisory Committee Presented by: Laura Sanderlin NVTA Board Secretary
Brown Act Overview The Brown Act or Open Meeting Law is officially known as the Ralph M. Brown Act and is found in the California Government Code 54950 et seq. 1. The Brown Act was enacted in 1953 to guarantee the public s right to attend and participate in meetings of local legislative bodies. The Brown Act is pivotal in making public officials accountable for their actions and in allowing the public participation. A meeting, as defined by the Brown Act, is any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the legislative body.
Brown Act Overview The Brown Act requires a number of rules and procedures that must be followed in a public meeting. Here are just some: A regular meeting is the fixed formal meeting of the legislative body. Agendas must be posted at least 72 hours in advance of the meeting. Agendas must contain a brief general description of each item of business to be transacted or discussed at the meeting. All agendas must be posted in a location at the agency offices that is freely accessible to the public, and also on the agency s website. Each agendized item must provide public comment and committee member comment. Comment for that item may only occur during that time period. A legislative body may not take action or have discussion on an item not appearing on the agenda, except in special circumstances, for example: to ask staff a clarifying question.
COVID-19 Modified Teleconference Meeting Requirements Timeline March 2020 Executive Order modified the Brown Act teleconference requirements to allow fully remote public meetings September 2021 AB 361 codified most of the Executive Order teleconference rules during a proclaimed state of emergency October 2022 Governor Newsom announced that the proclaimed state of emergency will expire February 28, 2023 January 1, 2023 - AB 2449 becomes effective, allowing remote participation under limited circumstances
BROWN ACT TELECONFERENCE MEETING REQUIREMENTS All teleconference meeting locations must be listed on the agenda Agenda must be posted at all teleconference locations All teleconference locations must be open to the public Opportunity for public comment must be provided at each location At least a quorum of Committee members must participate from within Napa County
AB 361 Continued Modified Teleconference Rules If a local agency is holding a meeting during a proclaimed state of emergency, AB 361 allows continued modified teleconference rules if: State or local officials have imposed or recommended measures to promote social distancing; or The local agency has determined meeting in person would present imminent risks to the health or safety of attendees.
AB 2449 AB 2449 became effective January 1, 2023. It allows for remote attendance under just cause and emergency circumstances however, they are very specific and limited. The NVTA Board decided at its November 2022 meeting that they would follow this new guideline. It is recommended by NVTA staff to host all Committee meetings in- person only starting March 1, 2023. With a meeting offered only in person, there may not be a need to follow AB 2449.
Thank you! Presented by: Kathy Alexander Senior Administrative Technician
