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HomeMy WebLinkAbout08. Consider adopting proposed revisions to Board Policy No. BP 007 - Board Member Teleconferencing Page 1 of 15 Item 8. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: MAY 18, 2023 SUBJECT: CONSIDER ADOPTING PROPOSED REVISIONS TO BOARD POLICY NO. BP 007 - BOARD MEMBER TELECONFERENCING 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 adopting revisions to its Board Policy regarding teleconferencing. BACKGROUND At the direction of the Administration Committee at its February 7, 2023 meeting, staff amended the existing teleconferencing Board Policy to include new Assembly Bill (AB) 2449 law language along with other suggestions from the Committee Members. The changes were incorporated and presented to the Administration Committee for further review at the March 22, 2023 meeting. The revisions are provided in a strike-through format for consideration (Attachment 1). When revisions are recommended, the Board Policy is brought before the full Board for consideration. ALTERNATIVES/CONSIDERATIONS The Board could choose not to adopt the proposed revisions or provide direction to staff. May 18, 2023 Regular Board Meeting Agenda Packet- Page 36 of 480 Page 2 of 15 FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION The Administration Committee reviewed the revisions at its March 22, 2023 meeting and recommended Board consideration of the proposed changes. RECOMMENDED BOARD ACTION Approve the proposed revisions to Board Policy No. BP 007 - Board Member Teleconferencing. Strategic Plan Tie-In GOAL FOUR: Governance and Fiscal Responsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility, Strategy 2- Encourage and facilitate public participation GOAL SEVEN:Innovation and Agility Strategy 3- Be adaptable, resilient, and responsive ATTACHMENTS: 1. Proposed BP 007 -Teleconferencing (strikeout) 2. Proposed BP 007 -Teleconferencing (clean version) 3. Exhibit A to BP 007 revision May 18, 2023 Regular Board Meeting Agenda Packet- Page 37 of 480 ATTA M !N� 1 DRAFT Number: BP 007 Related Admin. Procedure N/A Authority: Board of Directors Effective: May 5, 2011 Revised: May 5, 2022TBD Reviewed: April 2022March 22, 2023 CENTRALSAN 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. May 18, 2023 Regular Board Meeting Agenda Packet- Page 38 of 480 Page 4 of 15 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: 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 On personor via lido phone conversation (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. G. Serretary of the DistriGt he SeGFetary of the DiStriGt Will: 1 (confirm that a q eri rn of the reme. .g Board Members will participate in the meeting from Iota+inns within the aoenGY's jurisdiction 7 Genfirm that the teleG.eferenGe loGa+inn is Arlo aGGessihle and has technenalrrv'legy to eRable-the public tE) rrtiGipa ee--'inrthe meeting sppeakerphene, in+erne+ access\ 3. I ist the address, number room nmher and telephone number of the teleconference v loGatmon after the Adjournment item on the agenda with wording substantially similar to the folio ino evam A- Teleconference 1 ena*ien- Be Mp1'1'1ber_will participate y+elGGeinferenGe fre}n„ef IIn� wing loGatieri: 123 Main Street /An\hown MiG�an 99999 (meeting ' "'� ��y e GOmn9enGe at p.m. Minh gan time) May 18, 2023 Regular Board Meeting Agenda Packet- Page 39 of 480 Page 5 of 15 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 3 of 5 Pursuant to California Government Code Section 54953(b)!4\ any member of thepublic wishing to address the legislative body directly may do so at each teleconference location at the tome the Otero is considered 4. Arrange for the agenda to he nested at the teleGenferen% Iona}inn as required by law and for aR ageRda paGket to be at the teleGonfereRGing site for the p blin F. Netify the Information Tenhnelegy department to set up any necessari v equipment iipment in the Board Room or GORference 17oom 7. As a Gourtesy, inform the Board President of the remote participatiOR and quorum status. Meeting Etiquette Other Requirements 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. 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. May 18, 2023 Regular Board Meeting Agenda Packet- Page 40 of 480 Page 6 of 15 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. 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. 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. May 18, 2023 Regular Board Meeting Agenda Packet- Page 41 of 480 Page 7 of 15 Number: BP 007 BOARD MEMBER TELECONFERENCING Page 5 of 5 Other Requirements 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 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] May 18, 2023 Regular Board Meeting Agenda Packet- Page 42 of 480 ATTAMhM 2 DRAFT Number: BP 007 Related Admin. Procedure N/A Authority: Board of Directors Effective: May 5, 2011 -- 17 Revised: TBD Reviewed: March 22, 2023 CENTRALSAN 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. May 18, 2023 Regular Board Meeting Agenda Packet- Page 43 of 480 Page 9 of 15 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: 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. 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 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. May 18, 2023 Regular Board Meeting Agenda Packet- Page 44 of 480 Page 10 of 15 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. May 18, 2023 Regular Board Meeting Agenda Packet- Page 45 of 480 Page 11 of 15 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] May 18, 2023 Regular Board Meeting Agenda Packet- Page 46 of 480 Page 12 of 15 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. PaWl 0,4023 Regular Board Meeting Agenda Packet- Page 47 of 480 Page 13 of 15 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.) 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. Pagga? 49,4023 Regular Board Meeting Agenda Packet- Page 48 of 480 Page 14 of 15 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.) 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 Page 14,4023 Regular Board Meeting Agenda Packet- Page 49 of 480 Page 15 of 15 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. Paggaf 14,4023 Regular Board Meeting Agenda Packet- Page 50 of 480