April 8, 2020

Governor provides additional Brown Act flexibility for board meetings

Image by mohamed Hassan from Pixabay

Much has changed since Governor Newsom issued Executive Order N-25-20. Accordingly, Brown Act and Bagley-Keene Act requirements have been further loosened by subsequent Executive Order N-29-20, issued on March 17, 2020, which no longer requires that a physical location be made available for members of the public to observe the meeting and offer public comment. Consistent with the earlier Executive Order, meetings held electronically must continue to allow members of the public to observe and address the meeting electronically.

Additionally, advance notice of the time and agenda for the meeting must include the means by which members of the public may join the meeting, in accordance with the standard timeframes under the Bagley-Keene or Brown Acts. To meet accessibility requirements, the body also must implement a procedure for receiving and swiftly resolving requests from individuals with disabilities for reasonable modification or accommodation, and this procedure must also be included in the advance notice for the electronic meeting.

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