Boards can receive updates about the COVID-19 pandemic without violating the Brown Act
Informational updates about the impacts of and responses to the COVID-19 pandemic may be particularly important this fall, and boards should remember that Gov. Gavin Newsom’s Executive Order N-35-20 addresses this need. If a majority of the members of a given board wish to attend informational sessions outside of an open and noticed meeting, members should review Executive Order N-35-20 from March 21, 2020, to ensure the gathering falls within the exception described in item #2 of the order: https://bit.ly/33KY3OK.
Board members should note that Executive Order N-35-20 does not permit the members of a board to take action on, or to discuss among themselves, any item of business that is within the subject matter jurisdiction of the board without complying with otherwise applicable requirements of the Brown Act. This means that board members should avoid discussing with a majority of their board outside of a noticed meeting any item of business that is within their subject matter jurisdiction, including any such information they receive from the public officials.