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HomeMy WebLinkAbout08.a. Consider proposed Teleconferencing PolicyCentral Contra Costa Sanitary District W.a. BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: May 5, 2011 Subject: CONSIDER ADOPTION OF TELECONFERENCING POLICY Submitted By: Initiating Dept. /Div.: Elaine R. Boehme Administration /Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine Boehme Kent Alm es M. Kelly, Secretary of the District District Counsel General Manager ISSUE: The District does not at present have a policy setting forth conditions whereby a Board Member may participate in a meeting using electronic communications devices for teleconferencing. RECOMMENDATION: Review draft policy and, if desired, revise or adopt said policy. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: Do not adopt a policy. BACKGROUND: At its meeting of February 3, 2011, the Board expressed interest in considering adoption of a teleconferencing policy. California Government Code Section 54953 provides that, in connection with a meeting, "... the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body." The Code sets forth various requirements for teleconferencing, including the requirement that the agenda be posted at all teleconference sites in accordance with The Ralph M. Brown Act, and that all teleconference locations be accessible to the public. The participation of Board Members by teleconference provides somewhat of a challenge in that special audio equipment must be set up in the Board Room to allow for phone participation, and the Board Member at the teleconference location must have a speakerphone available. All votes during meetings at which teleconferencing occurs must be done by roll call, and, ideally, each speaker should identify themselves prior to speaking. In addition, an agenda must be posted at the teleconference site at least 72 hours in advance for a regular Board meeting, and this could prove difficult if the teleconference location is a hotel room at which the Board Member has not yet checked in. Staff reviewed teleconferencing policies from several other agencies, and the attached draft is a compilation of requirements set forth in those policies and the POSITION PAPER Board Meeting Date: May 5, 2011 subject: CONSIDER ADOPTION OF TELECONFERENCING POLICY California Government Code. The draft policy stresses the importance of Board Member attendance at Board meetings, but does allow for teleconferencing with advance approval. Section F. also allows for a Board Member to request that an item of significance be deferred if it is scheduled to be discussed at a meeting when he /she will be absent. This policy has been reviewed by District Counsel Kent Alm. RECOMMENDED BOARD ACTION: Review the draft policy. If desired, adopt the teleconferencing policy or provide other direction to staff. Central Contra Costa Sanitary District Teleconferencing Policy PURPOSE To provide guidelines whereby a member of the Central Contra Costa Sanitary District Board of Directors may participate in a meeting using electronic communications devices for teleconferencing. POLICY It is the purpose of this policy to encourage physical attendance by all members of the Board of Directors at all meetings. However, with prior Board approval or approval by the Board President as set forth in D., a Board member may participate in a Board meeting via teleconferencing in accordance with state law, when the member is unable to resolve a scheduling conflict. A. California Government Code Section 54953 provides that in connection with a meeting, "....the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body." The Code requires that: 1. A quorum of the members of the legislative body shall participate from locations within the agency's jurisdiction. 2. Agendas shall be posted identifying all locations where members of the legislative body will be present during the meeting, and posted as required by law at all such locations. 3. All such locations shall be accessible to the public and the public shall be given an opportunity to address the legislative body directly at all such locations. 4. All votes taken during a teleconferenced meeting shall be by roll call. B. The requirement in the Code for public accessibility at all locations is generally interpreted to mean that all locations must be fully accessible to handicapped persons, and that a speakerphone or similar amplification device be used so that members of the public can hear both sides of telephonic conversations. C. A member wishing to arrange for teleconferencing for a meeting shall request that an item be placed on a Board agenda prior to the date in question, formally requesting approval for the teleconference. Orally and /or in writing the member shall outline to the Board the circumstances and reasons for the request. The member requesting the teleconference shall be permitted to vote on the question. Teleconferencing Policy Page 2 D. In emergencies, special meetings called at short notice, and unforeseen circumstances, when the member is unable to make a timely request of the Board, the Board President (or President Pro Tern if the President is not available) shall approve or deny the request. E. Approval shall not be granted unless conditions set forth in Section A are met. F. If a member anticipates being absent from a Board meeting at which an item of significance is being discussed, he /she may ask that the matter be moved to a meeting at which he /she will be in attendance. Staff will take into account any planned absences when scheduling matters for Board action when the matter is not time - sensitive and District business will not be hindered by such action. G. Requests by a Committee Member to teleconference shall be addressed as described in Sections A -F above.