Memorandum
Date: July 8, 2025
To: The Honorable Lake County Board of Supervisors
From: Lloyd C. Guintivano, County Counsel
Subject: Presentation of Brown Act
Executive Summary:
I will be presenting a brief Brown Act “refresher” and will be highlighting provisions on the definition of “meetings” and holding teleconferenced/virtual meetings under the Brown Act, summarized here as follows:
1. A meeting is “any congregation of a majority of the members of a legislative body at the same time and location . . . to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body.” Government Code Section 54952.2(a).
a. A majority of the members may not use in-person, telephone, e-mail, fax, internet-based social media platform or other electronic means of devices, or an intermediary to discuss, develop a consensus, agreement, or decision.
b. The following types of “serial meetings” are not allowed under the Brown Act:
i. Hub and Spokes Communication - A to B, A to C, and A to D
ii. Chain Communication - A to B, B to C.
c. The following are not considered “meetings” under the Brown Act:
i. Conferences, trainings, seminars
ii. Community forums and the meetings of other government bodies
iii. Social occasions
2. Under Assembly Bill 2449, a member of a local governmental agency such as a board of supervisors may participate remotely pursuant to the following requirements:
a. At least a quorum of the members of the Board must participate in person from a singular physical location identified on the agenda, which location will be open to the public and within the boundaries of the County of Lake.
b. A Board member may only teleconference for publicly disclosed "just cause" or in "emergency circumstances" approved by the local governmental agency.
c. A Board member may participate in meetings remotely only if:
i. the member notifies the Board at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for "just cause" (as defined by AB 2449), including a general description of the circumstances relating to their need to appear remotely at the given meeting; or
ii. The member requests the legislative body to allow them to participate in the meeting remotely due to "emergency circumstances" and the legislative body takes action to approve the request. The legislative body must request a general description (generally not exceeding 20 words) of the circumstances relating to their need to appear remotely at the given meeting.
d. Assembly Bill 2449 defines "just cause" and "emergency circumstances" for the purposes of teleconferencing. "Just cause" is limited to one or more of the following: (i) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (ii) a contagious illness that prevents a member from attending in person; (iii) a need related to a physical or mental disability as defined by statute; or (iv) travel while on official business of the legislative body or another state or local agency. "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending in person.
e. Additionally, there are restrictions as to the number of meetings which may be attended under the “just cause” exception and there are rules which must be adhered to during any such “hybrid” meeting.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Purchasing Considerations (check all that apply): ☒ Not applicable
☐ Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)
☐ Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)
☐ For Technology Purchases: Vetted and Supported by the Technology Governance Committee <http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)
☐ Other (Please describe in Executive Summary)
Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply): ☐ Not applicable
☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery
☐ Economic Development ☐ Infrastructure ☐ County Workforce
☐ Community Collaboration ☒ Business Process Efficiency ☐ Clear Lake
Recommended Action: Presentation only.