HomeMy WebLinkAbout03.b. Review draft Position Paper to adopt findings pursuant to the Brown Act provisions provided under Assembly Bill (AB) 2302 to revise limitations on the number of times per year Board Memberes may appear remotelyPage 1 of 2
Item 3.b.
DCENTRALSAN
MEETING DATE: FEBRUARY4, 2025
BOARD OF DIRECTORS
POSITION PAPER
DRAFT
SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT FINDINGS PURSUANT TO
THE BROWN ACT PROVISIONS PROVIDED UNDER ASSEMBLY BILL (AB)
2302 TO REVISE LIMITATIONS ON THE NUMBER OF TIMES PER YEAR
BOARD MEMBERS MAYAPPEAR REMOTELY
SUBMITTED BY: INITIATING DEPARTMENT:
KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT
DISTRICT
REVIEWED BY: LEAH CASTELLA, DISTRICT COUNSEL
ROGER S. BAILEY, GENERAL MANAGER
ISSUE
To increase the limit of the number of remote appearances a Board Member may make from three times
per year to five times per year.
BACKGROUND
Due to the COVI D-19 pandemic Emergency Declaration in 2020, the Board of Directors was able to
conduct business via teleconferencing. Building from experience with the previous executive orders, in
2021 and 2022, the California Legislature codified standards for remote participation, and in 2022, AB
2449 allowed members of Brown Act bodies (which includes Central San) to participate remotely in two
situations:
• For "just cause," defined as the need to provide care to a child or close relation, having a contagious
illness, needs related to a physical or mental disability, or being on official travel for the agency; or
• "Emergency circumstances," which include physical or family emergencies that prevent a member
from attending.
However, the right to appear remotely in these circumstances was not unlimited, and remote appearance
was restricted to no more than 20% of the year's regular meetings or for a period of more than three
consecutive months.
AB 2302 replaced those limitations with the following:
Two times per year if the body regularly meets once per month or less;
Five times per year if the body regularly meets twice per month; or
February 4, 2025 Regular ADMIN Committee Meeting Agenda Packet - Page 33 of 47
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Seven times per year if the body regularly meets three or more times per month.
Because Central San's Board of Directors regularly holds its meetings on the first and third Thursdays of
each month, the limitation of five times per year would apply.
ALTERNATIVES/CONSIDERATIONS
None.
FINANCIAL IMPACTS
None.
COMMITTEE RECOMMENDATION
The Administration Committee reviewed this matter at its February 4, 2025 meeting and recommended
RECOMMENDED BOARD ACTION
Adopt findings pursuant to the Brown Act provisions provided under Assembly Bill (AB) 2302 to revise
limitations on the number of times per year Board Members may appear remotely to five times per year
per Member.
Strategic Plan re -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
February 4, 2025 Regular ADMIN Committee Meeting Agenda Packet - Page 34 of 47