Meeting Date: October 6, 2021Agenda No. Item 3.3Agenda Item Title: 2021-10: Continuation of Teleconferencing due to the COVID-19 Pandemic

Analysis 

Background 

On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency concerning the COVID-19 pandemic.  Following this proclamation, the Governor issued a series of Executive Orders aimed at containing pandemic.  These Executive Orders (N-25-20, N-29-20, N-35-20) collectively modified certain requirements created by the Ralph M. Brown Act (“the Brown Act”), the state’s local agency public meetings law.  The orders waived several Brown Act requirements, including requirements in the Brown Act concerning physically meeting in person and certain requirements concerning teleconferencing.  

As you are aware, the Commission has been meeting via teleconference pursuant to these Executive Orders.  On June 11, 2021, the Governor issued Executive Order N-08-21, which rescinded the modifications to Brown Act requirements, effective September 30, 2021.

On September 16, 2021, Governor Newsom signed AB 361, which made changes, effective immediately, to the Brown Act to address teleconferencing during a proclaimed State of Emergency.  (A subsequent executive order (N-15-21), had the effect of delaying the effective date of AB 361 until October 1, 2021.)  AB 361 parallels many of the requirements of the prior Executive Orders, and allows for the following procedure during an emergency:

• Agendas not required to be posted at all teleconference locations
• Meeting must be conducted 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
• Agendas are not required to identify each teleconference location in the meeting notice/agenda
• Local agencies are not required to make each teleconference location accessible to the public
• There is no requirement to have a quorum of board members participate from within the territorial bounds of the local agency’s jurisdiction
• In each instance in which notice of the time of the teleconferenced meeting is given or the agenda for the meeting is posted, the legislative body shall also give notice of the manner 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
• The legislative body shall allow members of the public to access the meeting, and the agenda shall include an opportunity for members of the public to address the legislative body directly
• In the event of a disruption which prevents the local 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 legislative 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

One difference with the Governor’s executive orders, however, is that the revisions to the Brown Act in AB 361 require that the Commission make certain findings to continue to have meetings via teleconference during the pandemic emergency.  The Brown Act requires that the Commission revisit those findings monthly.  The proposed resolution makes the required findings to continue to meet via teleconference.  While the Commission utilizes teleconferencing for public meetings, this item will be present on each Commission agenda.

Attachments

1. Draft Resolution
2. Recommendations of the Sonoma County Health Officer