On September 16, 2021 Governor Newsom signed AB 361, new legislation that amends the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 took effect immediately as an urgency measure, but the Governor subsequently suspended application of the legislation with limited exceptions until October 1, 2021.
AB 361 builds upon Executive Order (“EO”) N-29-20, issued by the Governor on March 17, 2020, which relaxed the teleconferencing requirements of the Brown Act to facilitate virtual meetings during the COVID-19 declared emergency. EO N-29-20’s provisions concerning public meetings generally apply through September 30, 2021.
AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
AB 361 also adds new procedures and clarifies the requirements for conducting remote meetings that provide City staff with better guidance on how to conduct remote meetings.
The council has utilized teleconferencing options throughout the pandemic including remote appearances by councilmembers, and public comments from citizens via Zoom, email, or teleconference. In order to continue to utilize these options it is recommended that the council adopt the attached resolution.