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Guide to Public Meetings During the Emergency Caused by the Wildfires in Southern California

CATEGORY: Special Bulletins
CLIENT TYPE: Public Employers, Public Safety
PUBLICATION: LCW Special Bulletin
DATE: Jan 13, 2025

As wildfires continue to devastate communities across Southern California, our hearts are with everyone impacted.  We extend our deepest gratitude to the brave firefighters and first responders who are working tirelessly to protect lives and property and the public agencies that are providing assistance to those who have lost homes or have been forced to evacuate.

Given that the emergency is ongoing, below we address several issues related to special meetings, emergency meetings, meetings by teleconference, and other logistical issues regarding public meetings logistics under the Ralph M. Brown Act.

SPECIAL MEETINGS

“Special meetings” are meetings called by the presiding officer of the legislative body or the majority of the legislative body to discuss discrete items.  At least 24 hours before a special meeting, all of the following must occur:

  1. The legislative body must post a notice in a location freely accessible to the public. This notice must contain the time and place of the meeting and identify matters the legislative body will consider or discuss at the meeting;
  2. The members of the legislative body must also receive the notice, unless the member waived notice in writing before the meeting or the member actually appears at the meeting;
  3. Any newspaper, radio, or television station that requested notice of special meetings in writing must receive the notice; and
  4. The legislative body must post the notice on its website, if it has one.

There is no additional or different agenda requirement for special meetings.  However, the legislative body may not consider any other business that does not appear on the agenda.  The legislative body also may not consider the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive at a special meeting.  This requirement does not apply to an agency’s discussion of its budget.  Finally, the legislative body must allow public comment before or during consideration of an item on the agenda, but it may not allow members of the public an opportunity to speak on other matters within the jurisdiction of the legislative body.

EMERGENCY MEETINGS

If an “emergency situation” involves matters that require prompt action because of the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with the 24-hour notice and posting requirements for a special meeting. Other requirements for a special meeting do apply to emergency meetings.

An “emergency situation” can involve one (1) of two (2) circumstances:

  1. An “emergency,” which is a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. For an emergency, the presiding officer of the legislative body must provide notice of an emergency meeting to each local newspaper, radio, or television station that requested notice of special meetings in writing at least one hour beforehand; or
  2. A “dire emergency,” which is a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice may endanger public health or safety, as determined by a majority of the members of the legislative body. As such, for a dire emergency, the presiding officer of the legislative body only needs to provide notice of an emergency meeting to each local newspaper, radio, or television station that requested notice of special meetings in writing at or near the time that they notify the members of the legislative body of the emergency meeting.

For either an emergency or dire emergency, the presiding officer of the legislative body must provide notice of the emergency meeting by telephone and attempt to provide notice using all telephone numbers provided in the media’s written request.  If telephones are not working, the notice requirements do not apply (unless the legislative body is a school board, which still must give notice by email).  However, the agency must notify the news media as soon as possible of the holding of the meeting, the purpose of the meeting, and any action taken.  In addition, and also as soon as possible after the emergency meeting, the legislative body must post the minutes of the meeting, a list of persons whom the body notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting.  This information must remain posted for at least 10 days in a public place.

Agencies should limit the business considered at an emergency meeting to items requiring prompt attention due to the emergency.  Further, while a legislative body does not have to post an agenda prior to an emergency meeting, the agency must still have an agenda for the meeting. Finally, the legislative body may only hold a closed session at an emergency meeting by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.

MEETINGS BY TELECONFERENCE

There are three (3) circumstances under which a legislative body may meet by teleconference.  “Teleconference” means 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.

First, a legislative body can use teleconferencing during a proclaimed state of emergency, if it determines by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.   To be eligible, the Governor must proclaim a state of emergency pursuant to the California Emergency Services Act (Government Code section 8625).  A list of those emergencies is available at: https://www.caloes.ca.gov/office-of-the-director/policy-administration/legal-affairs/emergency-proclamations/The Governor has proclaimed a state of emergency for the Palisades Fire and windstorm conditions in Los Angeles and Ventura counties.

The requirements for teleconferencing during a proclaimed state of emergency are less strict than the traditional requirements of the Brown Act.  The legislative body would only need to give the public notice of the means of access for the teleconferenced meeting and for offering public comment when it gives notice of the time of the meeting or posts the agenda for it.

With respect to public comment, the legislative body must provide an opportunity to make public comment in real time and cannot require the public to submit public comments in advance.   If the legislative body does not provide a timed public comment period and takes public comment separately on each agenda item, it must also allow the public a reasonable amount of time for the public to make public comment, and, if a legislative body does provides a timed public comment period, it cannot close the public comment period until the time period has elapsed.   Finally, if there is a disruption during the meeting that prevents the public from making public comments using a call-in or internet-based option, then the legislative body cannot take further action on agenda items until access is restored.

The legislative body can continue to use this teleconferencing option, so long as the state of emergency is active, and it makes two findings by majority vote at least every 45 days: (1) the legislative body has reconsidered the circumstances of the state of emergency; and (2) the state of emergency continues to directly impact the ability of the members to meet in person safely.

Second, a legislative body can use teleconferencing if it otherwise complies with the traditional teleconferencing requirements of the Brown Act.  Under traditional teleconferencing Brown Act requirements, the legislative body must comply with each of the following requirements:

  1. Post the agenda at all teleconference locations;
  2. Allow members of the public an opportunity to address the legislative body;
  3. Take all votes by roll call; and
  4. Each teleconference location must be accessible to the public, and a quorum must be present within the agency’s boundaries.

Third, individual members of a legislative body can participate in a meeting via teleconference in one (1) of two (2) circumstances:

  1. With “just cause,” the member can participate remotely for up to two meetings each calendar year after giving notice as soon as possible. “Just cause” means (a) a family childcare or caregiving need; (b) a contagious illness; (c) a need related to a physical or mental disability that is not otherwise accommodated; or (d) travel while on official business’ or
  2. In “emergency circumstances,” the member can participate remotely for two to seven meetings per year, depending on how often the legislative body regularly meets, by requesting approval to do so from the legislative body. The legislative body may take action on the request as soon as possible, including at the beginning of the meeting, even if there was not sufficient time to place the request formally on the agenda. “Emergency circumstances” are defined as a physical or family emergency that prevents the member from attending in person.

To participate in a meeting via teleconference with either “just cause” or “emergency circumstances,” the member in question must give a general description of the circumstances relating to their need to appear remotely but need not disclose any medical diagnosis, disability, or other confidential medical information. In addition, a quorum of the legislative body would still need to participate in the meeting from a single physical location that is identified on the agenda, open to the public, and within the agency’s boundaries.  However, the legislative body would not need to notice each teleconference location or make them publicly accessible.  This option will remain available until January 1, 2026.

OTHER MEETING LOGISTICS

The Brown Act generally requires the legislative body to meet within the territory over which the local agency exercises jurisdiction.  However, if a fire, flood, earthquake, or other emergency makes the usual meeting place unsafe, the presiding office of the legislative body may designate another meeting place for the duration of the emergency.  The agency must notify news media that have requested notice of special meetings of the new meeting location using the fastest means available.  As such, a legislative body may move its meetings to another public venue within the agency’s boundaries during the duration of the emergency.

Liebert Cassidy Whitmore attorneys are closely monitoring developments in relation to this Special Bulletin and are able to advise on the impact this could have on your organization.  If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office.

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