03 - Laserfiche WebLink

BACKGROUND California open meeting laws, also known as the Brown Act, require that meetings of "legislative bodies" of cities to be open and public. Under California law, legislative bodies subject to the Brown Act are the City Council and its standing subcommittees, and the Planning Commission. The City has also formed its own advisory bodies and made the following subject to the Brown Act: Bicycle, Pedestrian and Trails Committee Civic Arts Commission Committee on Energy and the Environment Economic Vitality Committee Housing Commission Human Services Commission Library Commission Parks and Recreation Commission Youth Commission The Brown Act has mandates regarding the location, agendas, and conduct of meetings. On March 4, 2020, at the beginning of the COVID-19 pandemic, the Governor's Executive Order N-29-20 suspended many Brown Act requirements and thereby allowed for virtual meetings. AB 361 (2021) was subsequently enacted to allow virtual meetings to continue during a state of emergency so long as health and safety findings were made monthly; which Pleasanton has done. More recently, in October 2022, the Governor's Office announced its intent to repeal the COVID-19 emergency declaration on February 28, 2023. AB 361 will terminate at the same time, thereby ending the ability to have virtual meetings with few requirements. DISCUSSION Options remain for some virtual attendance by officials, and participation by the public, at meetings. The following is a discussion of the process for virtual attendance by officials under AB 2449 (2022). AB 2449 went into effect January 1, 2023, and will remain in effect through December 31, 2025. Relevant portions of AB 2449' allow an official to attend a meeting virtually for "just cause" or "emergency circumstances" for a limited number of times per calendar year. Just Cause under AB 2449 For a public official to attend a meeting virtually for "just cause", the official must notify the legislative body at the earliest opportunity possible, including at the start of the regular meeting, that the official has "just cause" to do so. As defined by AB 2449, "just cause" means that an official has: childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires the official to participate virtually; a contagious illness that prevents an official from attending in person; a need related to a mental or physical disability;' or is currently travelling on See Cal. Government Code §54953. While AB 2449's "just cause" provision do not state explicitly that an official is not required to disclose any medical diagnosis or disability, or any personal medical information; that is presumed since such medical privacy is stated in the provisions regarding "emergency circumstances". Page 2 of 4