While the use of teleconferencing for board meetings has historically been authorized by the Brown Act when specified requirements are met, more flexibility was initially given to districts and county offices of education through the Governor’s Executive Order N-29-20 in March 2020.

“Public agencies struggled to conduct their meetings in compliance with the public accessibility and transparency requirements of the Brown Act and Bagley-Keene Acts while still abiding by stay-at-home orders,” according to an Assembly Floor Analysis. “Given the temporary nature of the executive order, the pandemic’s lasting impact, and the threat of other emergencies that may make in-person gatherings unsafe, a longer lasting solution seemed necessary.”

Assembly member Robert Rivas (D-Salinas) recognized that need and introduced Assembly Bill 361, citing in his Assembly Bill Analysis that the flexibilities in the current executive order “will not apply to future emergencies like wildfires, floods, pandemics, or other events that make in-person gatherings dangerous. Local and state agencies will again struggle to provide essential services like water, power, and fire protection at a time when constituents will need those services the most.”

AB 361 was signed by Gov. Gavin Newsom in 2021, allowing authorizing school boards to hold meetings by teleconference with elevated latitude during a proclaimed state of emergency until Jan. 1, 2024.

Without the leeway offered by AB 361, currently teleconference board meetings in the Brown Act require that all votes taken during the meeting are by rollcall; at least a quorum of board members participate from locations within the district, or for COEs, from locations within the county; each teleconference location is identified in the notice and agenda of the meeting; agendas are posted at all teleconference locations; all teleconference locations are accessible to the public; and members of the public have the right to address the board directly at each teleconference location.

Pursuant to AB 361, boards may conduct meetings by teleconference during a proclaimed state of emergency without complying with the above requirements — other than the requirement that all votes taken during the meeting be by rollcall — when state or local officials have imposed or recommended measures to promote social distancing; for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or when it has been determined that, as a result of the emergency, meeting in person would impose such risks.

When conducting a teleconference board meeting for these purposes, boards are required to satisfy the following:

• The notice and agenda shall be as given and posted as otherwise required by the Brown Act.
• The notice and agenda of the meeting shall specify the means by which members of the public may access the meeting and offer public comments, including via a call-in or internet-based service option. Members of the public may be required to register to log in to a meeting when making public comments through a website or other online platform that is operated by a third-party and not under the control of the board.
• Members of the public shall be allowed to access the meeting, and the agenda shall provide an opportunity for members of the public to address the board directly pursuant to Government Code 54954.3.
• Members of the public shall not be required to submit public comments in advance of a board meeting and shall be provided an opportunity to address the board and offer comments in real time. The district or COE is not required to but may provide a physical location from which the public may attend or comment.
• Public comment periods shall not be closed until the timed public comment period, if such is offered by the board, has elapsed or, if not timed, until a reasonable amount of time per agenda item has been allowed.
• If during a board meeting a disruption occurs that prevents the district or COE from broadcasting the meeting to members of the public or for members of the public to offer public comments, the board shall take no further action on any agenda item until public access via the call-in or internet-based service option to the meeting is restored.

The board may continue to conduct meetings by teleconference as authorized for teleconferencing during proclaimed states of emergency by finding within 30 days after teleconferencing for the first time, and every 30 days thereafter, that the state of emergency continues to directly impact the ability of the board to meet safely in person, or that state or local officials continue to impose or recommend measures to promote social distancing.

While a resolution is not required for boards to make findings as required by AB 361, CSBA offers sample resolutions for (1) recognizing a state of emergency and authorizing teleconferenced meetings and (2) recognizing a state of emergency and re-authorizing teleconferenced meetings — both are available at www.csba.org/Resolutions. CSBA recommends that if resolutions are not utilized, the motion and findings to authorize or reauthorize emergency teleconferenced meetings are included in the meeting minutes.

CSBA has recently revised sample Board Bylaw 9320 – Meetings and Notices to reflect teleconferencing during a proclaimed state of emergency as authorized by AB 361, making now a great time for districts and COEs to review and update policy on this topic.