In response to the ongoing concerns over the transmission of COVID-19, Governor Gavin Newsom today issued Executive Order N-25-20 (the “Order”), which affects certain public meeting laws, including the Brown Act and Bagley-Keene Open Meeting Act. Among other things, the Order authorizes local and state legislative bodies to hold public meetings via teleconference and to make meetings accessible electronically to all members of the public and allow public comment.

The Order is effective during the period in which social distancing measures and limitations on public events are also in effect. The Order follows hard on the heels of the guidance issued yesterday by the California Department of Public Health and Governor Newsom’s announcement urging that all large, non-essential gatherings, statewide, of 250 or more people be canceled or postponed at least through the remainder of March 2020.

The Order temporarily suspends certain provisions of both the Bagley-Keene Act and the Brown Act that require the physical presence of the members, clerk, or other personnel of the legislative body, including the quorum requirement, and that require members of the public be physically present in order to participate in the meeting.

Specifically, the following requirements are suspended:

• That state and local bodies notice each teleconference location from which a member will be participating in a public meeting;
• That each teleconference location be accessible to the public;
• That members of the public may address the body at each teleconference location;
• That state and local bodies post agendas at all teleconference locations;
• That at least one member of the state body be physically present at the location specified in the notice of meeting; and
• That during teleconference meetings, at least a quorum of the members of the local body participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.

In order for the above requirements to be suspended, each state or local body must do the following:

• Give advance notice of each public meeting as otherwise required by the Brown Act or Bagley-Keene Act, and using the means otherwise required by those acts; and
• Notice at least one publicly accessible location from which members of the public may remotely observe and offer comment at the public meeting, and in a manner consistent with the requirements of the federal Americans with Disabilities Act.

Each city or local agency will need to determine, based on its own facilities, technological capabilities, infrastructure and other factors, a suitable “publicly accessible location” to allow remote viewing and comment by the public.

The Order urges state and local bodies to “use sound discretion and to make reasonable efforts to adhere as closely as possible to the provisions of the Bagley-Keene Act and the Brown Act, and other applicable local laws regulating the conduct of public meetings, in order to maximize the public access to their meetings.” The full text of the Order may be found here.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950, or email Douglas White at Doug@whitebrennerllp.com or Nubia Goldstein at Nubia@whitebrennerllp.com.