HomeMy WebLinkAbout14. Consider approval of revisions to Board Policy No. BP 007 - Teleconferencing Page 1 of 8
Item 14.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: MAY 5, 2022
SUBJECT: CONS DER APPROVAL OF REVISIONS TO BOARD POLICY NO. BP 007 -
TELECONFERENCING, INCLUDING A RETITLE OF THE POLICY NAME
SUBMITTED BY: INITIATING DEPARTMENT:
KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT
DISTRICT
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
Changes to Board policies require Board approval. The Board is asked to consider acceptance a minor
update that would amend the referenced Board Policy.
BACKGROUND
Staff brought before the Administration Committee the aforementioned Board policy for review and
discussion. As part of that discussion, staff also provided the proposed Board Policy revision that
incorporated the separate Administrative Procedure document language in order to provide a
comprehensive policy for Board Member use and reference.
The Administration Committee recommended minor revisions to the proposed new format. Lastly, as part
of the consolidated effort of the policy and procedure, it was further recommended to retitle the policy to
clarify it as Board Member Teleconferencing.
When revisions are recommended, the Board Policy is brought before the full Board for consideration,
which is hereby attached.
May 5, 2022 Regular Board Meeting Agenda Packet- Page 112 of 261
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ALTERNATIVES/CONSIDERATIONS
The Board could choose not to adopt the proposed revisions or provide other direction to staff.
FINANCIAL IMPACTS
None.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed the policy at its meeting on April 12, 2022 and recommended
Board approval of the proposed changes.
RECOMMENDED BOARD ACTION
Approve the proposed revisions to Board Policy No. BP 007, and retitle the policy to read - Board
Member Teleconferencing.
Strategic Plan re-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service, Strategy 2—Maintain a positive reputation
ATTACHMENTS:
1. Proposed new Board Policy No. BP 007
2. Government Code Section 54953 Reference
May 5, 2022 Regular Board Meeting Agenda Packet- Page 113 of 261
Page 3 of 8
[DRAFT] Attachment 1
Number: BP 007
Related Admin. Procedure N/A
Authority: Board of Directors
Effective: May 5, 2011
Revised: May 5, 2022
Reviewed: April 12, 2022FA I NKT! I ILI',IKI L
Initiating Dept./Div.: Secretary of the District
BOARD POLICY
BOARD MEMBER TELECONFERENCING
PURPOSE
To encourage physical attendance by all members of the Board of Directors at all
meetings and set forth guidelines' for Board Members to participate in Central San
meetings via teleconference in accordance with California Government Code Section
54953.
POLICY
A Board Member may participate in a Board meeting via teleconferencing in accordance
with the procedures in California Government Code Section 54953, when the Member is
unable to resolve a scheduling conflict, or in situations of family emergencies. The Code
defines teleconference as a meeting of the legislative body in different locations and
connected by electronic means (e.g., audio, video, or both).
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, to the extent practical, consider planned absences when scheduling matters
for Board action if District business will not be hindered by any delay or advancement of
schedule.
GUIDELINES
A. Government Code: Section 54953 of the Brown Act (California Government
Code Sections 54950-54963) 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:
This policy guideline is for standard Brown Act compliance and does not pertain to situations of State or
Local Emergency declarations where other forms of teleconference or virtual participation may be
enacted under separate guidelines.
May 5, 2022 Regular Board Meeting Agenda Packet- Page 114 of 261
Page 4 of 8
Number: BP 007 [DRAFT]
BOARD MEMBER TELECONFERENCING
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1. A quorum of the members of the legislative body must participate from
locations within the agency's jurisdiction.
2. Agendas must 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 locations must be accessible to the public and the public must 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 and
publicly reported of the vote or abstention of the action taken.
B. Board Member: If a Board Member will be unavailable to participate in a Board
or Committee meeting (i.e., scheduling conflict, such as travel, or family
emergencies) and wishes to participate via teleconference, he/she must notify
the Secretary of the District either in-person or via live phone conversation (not
voicemail) at least 96 hours (four days) prior to the start of the meeting to provide
location information and allow time for the Secretary of the District to comply with
legal noticing requirements for teleconferenced meetings. He/she shall comply
and/or assist with the required posting requirements.
C. Secretary of the District: The Secretary of the District will:
1. Confirm that a quorum of the remaining Board Members will participate in
the meeting from locations within the agency's jurisdiction.
2. Confirm that the teleconference location is ADA accessible, and has
technology to enable the public to participate in the meeting (i.e.,
speakerphone, internet access).
3. List the address, room number and telephone number of the teleconference
location immediately after the Adjournment item on the agenda with wording
substantially similar to the following example:
Teleconference Location:
Board Member will participate by teleconference from the following
location: 123 Main Street, Anytown, Michigan 99999 (meeting will
commence at p.m. Michigan time)
Pursuant to California Government Code Section 54953(b)(3), any member of
the public wishing to address the legislative body directly may do so at each
teleconference location at the time the item is considered.
May 5, 2022 Regular Board Meeting Agenda Packet- Page 115 of 261
Page 5 of 8
Number: BP 007 [DRAFT]
BOARD MEMBER TELECONFERENCING
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4. Arrange for the agenda to be posted at the teleconference location as
required by law and for an agenda packet to be at the teleconferencing site
for the public.
5. Notify the Information Technology Department to set up any necessary
equipment in the Board Room or Conference Room.
6. Consult District Counsel as necessary to ensure Brown Act compliance.
7. As a courtesy, inform the Board President of the remote participation and
quorum status.
D. Meeting Etiquette
1. Ideally, each Board Member or member of staff speaking at the meeting will
first identify themselves so any listeners know who is speaking.
2. Each Board Member or staff member shall allow the teleconference party
the opportunity to finish speaking in case of a technical or connection
difficulty.
[Original Retained by the Secretary of the District]
May 5, 2022 Regular Board Meeting Agenda Packet- Page 116 of 261
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Attachment 2
GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES 150001 - 576071 ( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 2. CITIES, COUNTIES,AND OTHER AGENCIES L53000 - 558211 ( Division 2
added by Stats. 1949, Ch. 81. )
PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES,AND OTHER
AGENCIES L53000 - 54999.71 ( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 9.Meetings 154950-5496s1 ( Chapter 9 added by Stats. 1953, Ch. 1588. )
(a)All meetings of the legislative body of a local agency shall be open and public,and all persons shall be permitted to
54953• attend any meeting of the legislative body of a local agency,except as otherwise provided in this chapter.
(b)(1)Notwithstanding any other provision of law,the legislative body of a local agency may use teleconferencing for the
benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by
law.The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all
otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)Teleconferencing,as authorized by this section,may be used for all purposes in connection with any meeting within the subject
matter jurisdiction of the legislative body.All votes taken during a teleconferenced meeting shall be by rollcall.
(3)If the legislative body of a local agency elects to use teleconferencing,it shall post agendas at all teleconference locations and
conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public
appearing before the legislative body of a local agency.Each teleconference location shall be identified in the notice and agenda of
the meeting or proceeding,and each teleconference location shall be accessible to the public.During the teleconference,at least a
quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the
local agency exercises jurisdiction,except as provided in subdivisions(d)and(e). The agenda shall provide an opportunity for
members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)For the purposes of this section,"teleconference"means a meeting of a legislative body,the members of which are in different
locations,connected by electronic means,through either audio or video,or both.Nothing in this section shall prohibit a local agency
from providing the public with additional teleconference locations.
(c)(1)No legislative body shall take action by secret ballot,whether preliminary or final.
(2)The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each
member present for the action.
(3)Prior to taking final action,the legislative body shall orally report a summary of a recommendation for a final action on the
salaries,salary schedules,or compensation paid in the form of fringe benefits of a local agency executive,as defined in subdivision
(d)of Section 3511.1,during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's
right under the California Public Records Act(Chapter 3.5 (commencing with Section 6250)of Division 7 of Title 1)to inspect or
copy records created or received in the process of developing the recommendation.
(d)(1)Notwithstanding the provisions relating to a quorum in paragraph(3)of subdivision(b),if a health authority conducts a
teleconference meeting,members who are outside the jurisdiction of the authority may be counted toward the establishment of a
quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are
present within the boundaries of the territory over which the authority exercises jurisdiction,and the health authority provides a
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teleconference number,and associated access codes,if any,that allows any person to call in to participate in the meeting and the
number and access codes are identified in the notice and agenda of the meeting.
(2)Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common
physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the
authority.A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other
requirements of this section.
(3)For purposes of this subdivision,a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35,
14087.36, 14087.38,and 14087.9605 of the Welfare and Institutions Code,any joint powers authority created pursuant to Article 1
(commencing with Section 6500)of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the
Welfare and Institutions Code,and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2
(commencing with Section 1340)of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)(1)A local agency may use teleconferencing without complying with the requirements of paragraph(3)of subdivision(b)if the
legislative body complies with the requirements of paragraph(2)of this subdivision in any of the following circumstances:
(A)The legislative body holds a meeting during a proclaimed state of emergency,and state or local officials have imposed or
recommended measures to promote social distancing.
(B)The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining,by majority vote,
whether as a result of the emergency,meeting in person would present imminent risks to the health or safety of attendees.
(C)The legislative body holds a meeting during a proclaimed state of emergency and has determined,by majority vote,pursuant to
subparagraph(B),that,as a result of the emergency,meeting in person would present imminent risks to the health or safety of
attendees.
(2)A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for
members of the public to address the legislative body directly pursuant to Section 54954.3.In each instance in which notice of the
time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted,the legislative body shall
also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall
identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.This
subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend
or comment.
(C)The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the
parties and the public appearing before the legislative body of a local agency.
(D)In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the
call-in option or internet-based service option,or in the event of a disruption within the local agency's control which prevents
members of the public from offering public comments using the call-in option or internet-based service option,the body shall take
no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based
service option is restored.Actions taken on agenda items during a disruption which prevents the public agency from broadcasting
the meeting may be challenged pursuant to Section 54960.1.
(E)The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an
opportunity for the public to address the legislative body and offer comment in real time.This subparagraph shall not be construed
to require the legislative body to provide a physical location from which the public may attend or comment.
(F)Notwithstanding Section 54953.3,an individual desiring to provide public comment through the use of an internet website,or
other online platform,not under the control of the local legislative body,that requires registration to log in to a teleconference may
be required to register as required by the third-party internet website or online platform to participate.
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(G)(i)A legislative body that provides a timed public comment period for each agenda item shall not close the public comment
period for the agenda item,or the opportunity to register,pursuant to subparagraph(F),to provide public comment until that timed
public comment period has elapsed.
(ii)A legislative body that does not provide a timed public comment period,but takes public comment separately on each agenda
item,shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment,
including time for members of the public to register pursuant to subparagraph(F),or otherwise be recognized for the purpose of
providing public comment.
(iii)A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall
not close the public comment period or the opportunity to register,pursuant to subparagraph(F),until the timed general public
comment period has elapsed.
(3)If a state of emergency remains active,or state or local officials have imposed or recommended measures to promote social
distancing,in order to continue to teleconference without compliance with paragraph(3)of subdivision(b),the legislative body
shall,not later than 30 days after teleconferencing for the first time pursuant to subparagraph(A),(B),or(C)of paragraph(1),and
every 30 days thereafter,make the following findings by majority vote:
(A)The legislative body has reconsidered the circumstances of the state of emergency.
(B)Any of the following circumstances exist:
(i)The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)State or local officials continue to impose or recommend measures to promote social distancing.
(4)For the purposes of this subdivision,"state of emergency"means a state of emergency proclaimed pursuant to Section 8625 of
the California Emergency Services Act(Article 1 (commencing with Section 8550)of Chapter 7 of Division 1 of Title 2).
(f)This section shall remain in effect only until January 1,2024,and as of that date is repealed.
(Amended by Stats. 2021, Ch. 165, Sec. 3. (AB 361)Effective September 16, 2021.Repealed as of January 1, 2024, by its own
provisions. See later operative version added by Sec. 4 of Stats. 2021, Ch. 165.)
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