Adopt a Resolution of the City Council of the City of Rocklin Adopting Brown Act Teleconference Procedures During the State’s Proclamation of an Emergency Related to COVID-19

On March 4, 2020, the Governor proclaimed a state of emergency in California as a result of the threat of COVID-19. Thereafter, the Governor issued emergency orders, facilitating state and local government teleconferencing for public meetings. The most recent emergency order pertaining to teleconferencing for public meetings expired on September 30, 2021.

Recently, new legislation was enacted which allows state and local governments to continue teleconferencing at public meetings during the COVID-19 state of emergency, with specific requirements. For the purpose of California’s open public meeting law, the “Brown Act,” a “teleconference” is defined as “a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.” (Government Code section 54953(b)(4).)  Pursuant to the Brown Act, a legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. (Government Code section 54953(b)(1).)

AB 339 and AB 361 amended the Brown Act to allow for teleconferencing with alternative procedures, for meetings held during a proclaimed state of emergency and when state or local officials have imposed or recommended measures to promote social distancing. (Government Code section 54953(e).) To use the alternative teleconference procedures, the following are required:

1. Notices of the meeting and agendas must be posted as otherwise required by the Brown Act, and votes shall be taken by roll call;

2. Members of the public must be allowed access to the meeting, and the agenda shall provide an opportunity for members of the public to address the legislative body directly;

3. The meeting shall be conducted in a manner that protects the statutory and constitutional rights of the parties and the public;

4. If there is a disruption which prevents broadcasting the meeting to members of the public using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting is restored;

5. Public comment may not be required to be submitted in advance of the meeting, and there must be an opportunity for the public to address the legislative body and offer comment in real time;

6. Public comment on a timed item shall not be closed until the period for public comment has elapsed, and for a non-timed item, the legislative body shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including the time necessary to register on a third-party platform to participate; and

7. A resolution is enacted within 30 days after teleconferencing for the first time pursuant to the new law, and every 30 days thereafter, with the findings required by law.

If a resolution adopting teleconferencing procedures during the COVID-19 state of emergency is not adopted, teleconferencing is still allowed, however, certain requirements must be met, including: notice of each teleconference location must be identified in the notice and agenda; each teleconference location must be accessible to the public; the public must be given the opportunity to address the legislative body directly at each teleconference location; and a quorum of the City Council (or other City body) must participate from locations within the City. (Government Code section 54953(b)(3).)

Adopting the resolution will allow the City the flexibility to meet remote or in-person as appropriate, in response to public health guidance and orders during the COVID-19 pandemic.