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Board reviews teleconferencing rules, AB2449 and AB361 limits for remote participation
Summary
Trustees reviewed multiple teleconferencing options under California law (traditional teleconferencing, AB361 emergency rules and AB2449 just‑cause provisions) and asked staff to confirm legal interpretations and bring updated policy language back for finalization.
At the Feb. 4 study session San Marino Unified staff walked the board through multiple teleconferencing regimes now in California law and how each affects notice, public access and remote participation.
Staff noted three distinct frameworks: (1) traditional teleconferencing under the Brown Act (no expiration); (2) AB361 emergency teleconferencing provisions (temporary, tied to a proclaimed state of emergency); and (3) AB2449 (enacted to provide for “just cause” and emergency remote participation between Jan. 1, 2023 and Jan. 1, 2026). The CSBA recommended policy language in the draft breaks the rules into categories and adds procedural requirements intended to protect public access and allow real‑time public comment when a board member is remote.
Key points discussed: at least a quorum of board members must participate in person for most remote options; votes must be roll‑call; the agenda must explain how the public can attend and provide real‑time comment via the platform; and the board member appearing remotely must disclose whether another adult is present at the remote location. Under AB2449, a board member may participate by teleconference for just cause (childcare, contagious illness, disability accommodation, official travel) for no more than two meetings per calendar year.
The board expressed concern about practical issues — for example, whether a public notice posted on a hotel door suffices for public access when a trustee teleconferences from outside the district — and directed staff to seek legal counsel for confirmation. Staff also noted AB2449’s sunset date of Jan. 1, 2026 and said they will return clarified policy language that implements the chosen combination of options and internal norms for when remote participation is acceptable.
No formal policy was adopted during the study session; staff will consult district counsel and return redlined language for a future meeting.
