Yesterday, Governor Newsom adopted a new Executive Order (#N-29-20) concerning the suspension of certain portions of the Brown Act. It is available at  https://www.gov.ca.gov/wp-content/uploads/2020/03/3.17.20-N-29-20-EO.pdf . It supersedes the Brown Act suspension-related provisions of the Governor's March 12, 2020 order. Significantly, the new order:

 

• Authorizes governing board meetings entirely via teleconference and making meetings accessible telephonically to members of the public seeking to listen to the meeting or address the board. The regular meeting agenda or special meeting notice must notify the public about the conference call number and other information about how to call in to the meeting. If the board plans a closed session at the meeting, you should provide a separate call-in number for the closed session to avoid the risk of a member of the public calling in to the closed session. 

• No longer requires a physical meeting location for the public to be able to attend.

• Waives the Brown Act requirements about providing notice of each teleconference location, posting notice at each teleconference location, making each teleconference location accessible to the public, and participation from teleconference locations within the jurisdiction. 

• Imposes a new (and somewhat vague) requirement that the agency "(i) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act and resolving any doubt whatsoever in favor of accessibility; and (ii) Advertise that procedure each time notice is given...." To comply with this requirement, I recommend that any regular meeting agenda or special meeting notice include "If you are an individual with a disability and need assistance or accommodation to participate in this teleconference meeting, please call or text [insert name and cell phone no. of appropriate staff person] or email [insert name and email address of appropriate staff person]."

• Requires continued compliance with the 72-hour (for regular meeting agendas) and 24-hour (for special meeting notices) notice and posting requirements. 

• Provides that the Brown Act suspension continues in effect during the period that state or local public health officials recommend social distancing.