On March 4, 2020, Governor Newsom declared a State of emergency due to the threat of COVID-19. In light of the ongoing threat of COVID-19, on March 12, 2020, Governor Newsom issued Executive Order N-25-20 (“Executive Order”) to temporarily grant state and local agencies certain powers to aid in the implementation of social distancing measures recommended by state and local public health officials.
In addition to granting specific powers to certain state agencies, this Executive Order also affects the allowable procedures for public meetings of local agencies that are subject to the Ralph M. Brown Act (Gov. Code § 54950 et seq.) The relevant language is contained in Section 11 of the Executive Order and it lists specific portions of the Brown Act that are waived for the period that social distancing measures are recommended. More specifically, the following Brown Act requirements are waived:
- That the location from which each member participating via teleconference be noticed on the agenda for the meeting that member is participating via teleconference.
- That each teleconference location be open and accessible to any member of the public.
- That each teleconference location be equipped to allow comments from any member of the public wishing to make a public comment.
- That an agenda be posted at each teleconference location.
- That a quorum of members of the legislative body participate from teleconference locations within the local agency’s jurisdiction.
The waiver of these Brown Act provisions is nevertheless subject to the following requirements:
- That advance notice of meetings being conducted be accomplished in accordance with the Brown Act.
- That at least one ADA-accessible location be made available and equipped to allow members of the public to observe and participate in public meetings, and that such a location be listed on the notice for such a meeting.
Finally, the Executive Order contains a more general admonishment for local agencies to use sound discretion and make reasonable efforts to continue to adhere as closely as possible to the provisions of the Brown Act in order to maximally effectuate the purposes of the Brown Act.
Key Take Away
In light of this threat to health and safety, government agencies are allowed to deviate from existing teleconference rules set forth in the Brown Act but should still account for allowing public participation, including maintaining one physical location that is ADA accessible for public comment.
Questions
If you have any questions regarding this Legal Alert, please contact the following attorneys from our office, or the attorney with whom you typically consult.
Jeffrey Mitchell
jmitchell@kmtg.com | 916.321.4591
Mona Ebrahimi
mebrahimi@kmtg.com | 916.321.4597
Andreas Booher
abooher@kmtg.com | 916.321.4372