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HomeMy WebLinkAbout03.c. Revisions to Board Policy No. BP007 - Teleconferencing and Hold DiscussionPage 1 of 14 Item 3.c. F__1_448�411C_S0 March 22, 2023 TO: ADMINISTRATION COMMITTEE FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER SUBJECT: REVIEW PROPOSED REVISIONS TO BOARD POLICY NO. BP 007 - TELECONFERENCING AND HOLD DISCUSSION At the direction of the Administration Committee at the February 7, 2023 meeting, staff has updated the existing Board Policy BP 007 - Teleconferencing (Attachment 1) with the new Assembly Bill (AB) 2449 law language along with other suggestions from the Committee members. Should the Committee recommend changes, the policy will be brought to the full Board for consideration of any proposed revisions. A clean version of the policy has been incorporated as well. (Attachment 2) Strategic Plan Tie -In GOAL ONE: Customer and Community Strategy 1— Deliver high -quality customer service GOAL FOUR: Governance and Fiscal Responsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility, Strategy 2 - Encourage and facilitate public participation ATTACHMENTS: 1. Proposed BP 007 - Teleconferencing (strikeout) 2. Proposed BP 007 - Teleconferencing (clean version) 3. Exhibit A to B P 007 revision March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 27 of 77 ATTA MV f 1 Number: BP 007 Related Admin. Procedure N/A Authority: Board of Directors Effective: May 5, 2011 Revised: May 5, 2 TBD Reviewed: °^ram 202-2March 22. 2023 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., telephone, audio% —video technology (Teams, Zoom, etc.), 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. Traditional Teleconferencing 1 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. March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 28 of 77 Page 3 of 14 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 2 of 5 Government Code: Section 54953Lb) 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: 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 Onpersonor via live phone nonyersation (no+ VGiGernal1,1through writing or verbally with an acknowledgement from the Secretary of the District 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. r r _ March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 29 of 77 Page 4 of 14 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 3 of 5 Meeting EtiquetteOther Requirements 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. B. AB 2449 Just Cause/Emergency Circumstance Teleconferencing Government Code: Section 54953(f) 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: 1. A quorum of the members of the legislative body must participate in person in a single, physical location clearly identified on the agenda that is open to the Dublic and situated within the aaencv's iurisdiction: 2. An individual member may attend a meeting by teleconference only under two very specific circumstances where a Just Cause or an Emergency Circumstance exists: a. Just cause means: • A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires the Board Member to participate remotely. March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 30 of 77 Page 5 of 14 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 4 of 5 • A contagious illness that prevents a member from attending in person. • A need related to a physical or mental disability of a member not otherwise accommodated under the `reasonable accommodation' provisions of the Americans with Disabilities Act. • Travel while on official business of the District or another state or local agency. b. Emergency Circumstances means: • A physical or family medical emergency that prevents a Board Member from attending in person. I All votes taken during a teleconferenced meeting shall be by roll call and publicly reported of the vote or abstention of the action taken. Board Member If a Board Member will be unavailable to participate in a Board Meeting due to "Just Cause" and wishes to participate via teleconference, he/she must do the following: • Notify the Board at the earliest possible opportunity, including at the start of a regular meeting, of the need to participate remotely; • Provide a general description of the circumstances necessitating the remote appearance; • The Board need not to take action to Dermit teleconference participation. If a Board Member will be unavailable to participate in a Board or Committee meeting due to "Emergency Circumstances" and wishes to participate via teleconference, he/she must do the followina: • Must give a general description of the emergency circumstances, but the Board Member is not reauired to disclose anv medical diagnosis, disability, or personal medical information; • The Board must take action to approve the request to participate by teleconferencing by a majority vote. March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 31 of 77 Page 6 of 14 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 5 of 5 Other Reauirements of Board Memebrs 1. Must disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room with the member, and the general nature of the member's relationship with anv such individuals. 2. Must participate through both audio and visual technology (i.e. the Board Member must be on -screen). 3. For "Emergency Circumstances" a Board Member cannot attend meetings remotely for a period of more than three consecutive months or 20 percent of the regular Board meetings within a calendar year. 4. For "Just Cause" circumstances a Board Member may participate remotely no more than two times per calendar year. See Exhibit A for additional summarized details. Exhibit A: Teleconference Meeting Participation Options [Original Retained by the Secretary of the District] March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 32 of 77 ATTAM? 1t 2 110MAS-1 Number: BP 007 Related Admin. Procedure N/A Authority: Board of Directors Effective: May 5, 2011 Revised: TBD Reviewed: March 22, 2023 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., telephone, audio/video technology (Teams, Zoom, etc.), 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. 1 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. March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 33 of 77 Page 8 of 14 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 2 of 4 GUIDELINES A. Traditional Teleconferencing Government Code: Section 54953(b) 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: 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. 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 through writing or verbally with an acknowledgement from the Secretary of the District 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. Other Requirements 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. March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 34 of 77 Page 9 of 14 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 3 of 4 B. AB 2449 Just Cause/Emergency Circumstance Teleconferencing Government Code: Section 54953(f) 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: 1. A quorum of the members of the legislative body must participate in person in a single, physical location clearly identified on the agenda that is open to the public and situated within the agency's jurisdiction; 2. An individual member may attend a meeting by teleconference only under two very specific circumstances where a Just Cause or an Emergency Circumstance exists: a. Just cause means: • A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires the Board Member to participate remotely. • A contagious illness that prevents a member from attending in person. • A need related to a physical or mental disability of a member not otherwise accommodated under the `reasonable accommodation' provisions of the Americans with Disabilities Act. • Travel while on official business of the District or another state or local agency. b. Emergency Circumstances means: • A physical or family medical emergency that prevents a Board Member from attending in person. 3. All votes taken during a teleconferenced meeting shall be by roll call and publicly reported of the vote or abstention of the action taken. March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 35 of 77 Page 10 of 14 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 4 of 4 Board Member If a Board Member will be unavailable to participate in a Board Meeting due to "Just Cause" and wishes to participate via teleconference, he/she must do the following: • Notify the Board at the earliest possible opportunity, including at the start of a regular meeting, of the need to participate remotely; • Provide a general description of the circumstances necessitating the remote appearance; • The Board need not to take action to permit teleconference participation. If a Board Member will be unavailable to participate in a Board or Committee meeting due to "Emergency Circumstances" and wishes to participate via teleconference, he/she must do the following: • Must give a general description of the emergency circumstances, but the Board Member is not required to disclose any medical diagnosis, disability, or personal medical information; • The Board must take action to approve the request to participate by teleconferencing by a majority vote. Other Requirements of Board Members 1. Must disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room with the member, and the general nature of the member's relationship with any such individuals. 2. Must participate through both audio and visual technology (i.e. the Board Member must be on -screen). 3. For "Emergency Circumstances" a Board Member cannot attend meetings remotely for a period of more than three consecutive months or 20 percent of the regular Board meetings within a calendar year. 4. For "Just Cause" circumstances a Board Member may participate remotely no more than two times per calendar year. See Exhibit A for additional summarized details. Exhibit A: Teleconference Meeting Participation Options [Original Retained by the Secretary of the District] March 22, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 36 of 77 Page 11 of 14 Attachment 3 Exhibit A Teleconference Meeting Participation Options AB 2449 Just Cause/Emergency Traditional Teleconferencing Circumstances Teleconferencing (Gov. (Gov. Code, § 54953(b).) Code, § 54953(f); becomes (e) on 1/1/24.) Applicable • Available beginning January 1, 2023, and • Available anytime. Timeframe ending December 31, 2025. Who May • Individual board members if: • Individual board members, if at least a Appear (1) a quorum of the members participates quorum of the members of the body Remotely and in person; and participate from locations within the Quorum (2) the quorum meets in a single, physical jurisdictional boundaries of the body. Requirements location clearly identified on the agenda that is open to the public and situated within the agency's jurisdiction. Bases for • A member may appear remotely for "Just • Applies when a board member is unable to Remote Cause" or "Emergency Circumstances": attend in person. Appearance ► "Just cause" is any of the following: (1) A need to care for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner; (2) A contagious illness that prevents a member from attending in person; (3) A need related to a physical or mental disability that is not otherwise accommodated for; or (4) Travel while on official business of the body or another state or local agency. ► "Emergency circumstances" is a physical or family medical emergency that prevents a member from attending in person. PaWIM4, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 37 of 77 Page 12 of 14 Teleconference Meeting Participation Options AB 2449 Just Cause/Emergency Circumstances Teleconferencing (Gov. Code, § 54953(f); becomes (e) on 1/1/24.) Traditional Teleconferencing (Gov. Code, § 54953(b).) Notification and • To attend remotely for: • No additional requirements. Approval Requirements ► "Just Cause" • The member must notify the body at the earliest possible opportunity, including at the start of a regular meeting, of the need to participate remotely. • The member must provide a general description of the circumstances necessitating the remote appearance. • The body need not take action in response. ► "Emergency Circumstances" • The member's request to appear remotely must include a general description of the need to appear remotely, which need not exceed 20 words, and need not include any personal medical information. • The member must make the request to participate remotely as soon as possible and must make a separate request for each meeting. • The body must take action on the request at a public meeting. • If there is insufficient time to include the item on a posted agenda, the body may take action at the beginning of the meeting. • Approval must be by majority vote. Pag#a?M4, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 38 of 77 Page 13 of 14 Teleconference Meeting Participation Options AB 2449 Just Cause/Emergency Circumstances Teleconferencing (Gov. Code, § 54953(f); becomes (e) on 1/1/24.) Traditional Teleconferencing (Gov. Code, § 54953(b).) Agenda and • Must provide notice and post agendas as • The teleconference location must be open Public Access otherwise required under the Brown Act and to the public. and Comment must indicate on the notice how the public Requirements may access the meeting and offer comment. • The agenda must be posted at all meeting locations, including the teleconference • The agenda must include an opportunity location. for all persons to attend and address the body via a call -in option, an internet-based • The agenda must identify all meeting service option, and at the in -person location. locations, including the teleconference location. • The law does not require that the agency post an agenda at the remote location, • The agenda must provide for public include the address of the remote location, comment at all meeting locations, including or provide for public access to the remote the teleconference location. location. • The body may not require public comments to be submitted in advance and must allow the public to address the body and comment in real time. • An individual may be required to register for public comment before being allowed to comment, where the body uses a third -party platform (like Zoom) for the meeting. Voting • Members must vote by roll call. • Members must vote by roll call. Requirements Pag akPt4, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 39 of 77 Page 14 of 14 Teleconference Meeting Participation Options AB 2449 Just Cause/Emergency Traditional Teleconferencing Circumstances Teleconferencing (Gov. Code, (Gov. Code, § 54953(b).) § 54953(f); becomes (e) on 1/1/24.) Technological • The public must be able to remotely hear Requirements and visually observe the meeting, and remotely address the body. Thus, the body must provide either: (1) a two-way audiovisual platform; or a two-way telephonic service and a live webcasting of the meeting. Other • If a member participates remotely, the Requirements member must also: (1) Publicly disclose at the meeting before any action is taken, whether any other individuals 18 years or older are in the room at the remote location with the member and the general nature of the member's relationship with such individuals; and (2) Participate through both audio and visual technology. • If the broadcasting of the meeting to the public by phone or internet service is disrupted, or a disruption within the local agency's control prevents members of the public from commenting using the phone or internet service, the body shall not take any action at the meeting, until public access to the meeting via the phone option or the internet service option is restored. Actions taken on agenda items during a disruption that prevents the body from broadcasting the meeting may be challenged pursuant to Section 54960.1. • The body must have and implement a • procedure for receiving and quickly resolving reasonable accommodation requests for individuals with disabilities. Any doubt should be resolved in favor of accessibility. Limitations on • A member may participate remotely for None. Frequency of "just cause" no more than two times per Remote calendar year. Appearances • A member may not participate remotely for more than three consecutive months or 20 percent of the regular meetings for the local agency within the calendar year, or more than two meetings if the body regularly meets less than 10 times per year. Pag aIIM4, 2023 Special ADMIN Committee Meeting Agenda Packet - Page 40 of 77