California Governor Extends Flexibility to Hold Public Meetings Virtually

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In March 2020, as part of a series of emergency measures in response to the COVID-19 pandemic, Governor Newsom signed Executive Order N-29-20, allowing local and state agencies to hold virtual meetings via teleconference and to make meetings accessible electronically notwithstanding the open meeting laws in the Bagley-Keene Act and the Brown Act. These provisions were due to expire on June 15, 2020.

On June 2, 2021, in response to a written request by a coalition of local government agencies, the Governor announced that N-29-20 will not terminate on June 15, and that state and local agencies can continue to conduct virtual public meetings as needed. The Governor did not set a new expiration date for N-29-20 and committed to provide advance notice of rescission of the order to provide the agencies the time necessary to meet statutory and logistical requirements.

Under the Governor’s announcement, state and local agencies may continue to hold meetings in California via teleconferencing and allow members of the public to observe and address the meeting telephonically or otherwise electronically. All requirements of the Bagley-Keene Act and Brown Act requiring the physical presence of members of the legislative body, staff or the public at public meetings remain suspended.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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