Client Alert: Brown Act Updates (Video)
Learn more about changes made to the Brown Act by SB 707 through the video or keep reading for more information.
Through SB 707, the California Legislature amended many sections of the Brown Act, California’s open meeting law. Local agencies should review and update their meeting policies to ensure compliance with these changes. Starting January 1, 2026, the following rules apply to all local agencies, in many cases clarifying existing areas of uncertainty related to the Brown Act:
- Use of social media: Legislative body members may communicate with the public on social media, but a majority of members may not discuss or decide agency business with each other online. (Gov., Code § 54952.2(b)(3).)
- Disability accommodations: Legislative body members may attend meetings remotely as a reasonable accommodation under the Americans with Disabilities Act. This type of remote attendance counts as if the individual attended in person, and standard teleconferencing rules do not apply. (§ 54953(c).)
- Remote participation: “Just cause” and “emergency” rules for attending meetings remotely are now combined under just cause; additional reasons for attending remotely are now available. Standard teleconferencing rules do apply for just cause participation, including travel for official agency business and military service obligations. (§ 54953.8.3.)
- Executive compensation actions: Before approving pay for agency executives, department heads, or similar officials, the legislative body must give a verbal report in an open meeting. (§ 54953(d).)
- Brown Act distribution: Agencies must provide a copy of the Brown Act to all elected and appointed members of legislative bodies. (§ 54952.7.)
- Disruptive conduct: Procedures to remove disruptive individuals may now be used for people participating in meetings remotely, not just those attending in person. (§ 54957.95.)
SB 707 also imposes new requirements on “eligible legislative bodies” to support public participation and remote meeting access. Eligible bodies include city councils with a population of more than 30,000, city councils in counties with a population of more than 600,000, county boards of supervisors with a population of more than 30,000, and certain large special districts. Eligible bodies must allow remote public participation, adopt a plan for handling remote meeting platform disruptions, and take steps to encourage participation from underrepresented and non-English-speaking communities by translating agendas and websites into applicable languages. (§ 54953.4.)
This alert addresses only the major changes implemented by SB 707. Please contact White Brenner LLP at (916) 468-0950, Douglas White at doug@whitebrennerllp.com, or Nubia Goldstein at nubia@whitebrennerllp.com if you would like to discuss any of the changes outlined above, their applicability to your agency, or any other questions related to the Brown Act.