Title
Consider adoption of a resolution pursuant to AB 361 to find that as a result of the continuing COVID-19 pandemic state of emergency declared by Governor Newsom, holding Board of Supervisors meetings in person would present imminent risks to the health or safety of attendees.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution pursuant to AB 361 to find that as a result of the continuing COVID-19 pandemic state of emergency declared by Governor Newsom, holding Board of Supervisors' meetings in person would present imminent risks to the health or safety of attendees.
SUMMARY:
On September 16, 2021, Governor Newsom signed AB 361. This legislation amends the Brown Act to allow meeting bodies subject to the Brown Act to meet via teleconference during a proclaimed state of emergency in accordance with teleconference procedures established by AB 361 rather than under the Brown Act's more narrow standard rules for participation in a meeting by teleconference. If the Board of Supervisors desires to continue to meet remotely via teleconference after September 30, 2021, the Board is required to adopt a resolution making the requisite findings under AB 361. The new law also requires the Board to reconsider that determination no later than 30 days after the first teleconference meeting held pursuant to AB 361 and every 30 days thereafter. Adoption of the proposed resolution, attached as Attachment A, will enable the Board to meet via teleconference in October and to reconsider the determination for subsequent meetings.
DISCUSSION:
On March 4, 2020, Governor Newsom issued a Proclamation of State of Emergency in response to the COVID-19 pandemic. That proclamation remains in effect. As a result of the state of emergency, the Governor issued executive orders that waived the normally strict provisions of the Brown Act relating to holding and participating in meetings via teleconferencing. Executive Order N-29-20 allowed bod...
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