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G.6 - AB 361AB 361 Teleconference Meetings Traditional Brown Act Remote Meeting Requirements •Public posting of agendas at the location of remote participation by members of the legislative body •Public access to those locations •A quorum of the legislative body must participate from teleconference locations within the local agency’s jurisdiction. Governor’s Executive Orders •Executive Order N-25-20 (March 2020) and related orders •The Executive Orders collectively served to remove suspend the teleconference meeting requirements •Granted most flexibility for remote meetings •Expired September 30, 2021 AB 361 •Adopted September 16, 2021 •Effective October 1, 2021 •Allows public agencies to continue to utilize remote/virtual platforms for meetings subject to certain findings. •If not invoked, traditional teleconferencing requirements apply. Finding 1 •A state of emergency exists as proclaimed by the Governor Finding 2 •State or local officials have imposed or recommended measures to promote social distancing; or •The legislative body is meeting for the purpose of determining by majority vote whether, as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees; or •The legislative has previously determined, by majority vote, that, as a result of the state of emergency, meeting in person would present imminent risks to the health or safety of attendees. REQUIREMENTS No physical location is required for public attendance or public comment. However, the public must be able to access and participate in the meeting through a call-in or an internet-based service, and instructions for how to participate must appear in the posted notices or agenda; Teleconferenced meetings must protect the statutory and constitutional rights of the parties and the public; The public must be able to attend the meeting via call-in option or internet-based service option; REQUIREMENTS Legislative bodies may allow public comments to be submitted prior to a meeting, but must also allow the public to participate in real time through call-in or internet-based service. A legislative body cannot require public comments be submitted in advance of the meeting; If there is any disruption of the call-in or internet-based service, the legislative body must suspend the meeting and take no further action until the problem is fixed; REQUIREMENTS When providing a public comment period, whether after each item or during a general comment period, a legislative body must allow reasonable time for members of the public to comment, and must also include reasonable time for members to register with a third- party host, if applicable. Timed public comment periods cannot be closed until that timed public comment period has elapsed. AB 361 RENEWAL •Must be renewed every 30 days •Findings must still exist for renewal •If no renewal, AB 361 reliance lapses and traditional Brown Act teleconferencing applies DRAFT RESOLUTION •Based on findings that: •A state of emergency exists as proclaimed by the Governor and •State or local officials have imposed or recommended measures to promote social distancing •Need direction from Council on how to implement if adopted IMPLEMENTATION All participants remote? Council/Commission and staff in person with public remote? All participants have option to attend in person or participate remotely?