Memorandum
Date: September 28, 2021
To: The Honorable Lake County Board of Supervisors
From: ANITA L. GRANT County Counsel
Subject: (a) Consideration of the Effects of Assembly Bill 361; and (b) Consideration of the Adoption of a Resolution Authorizing Teleconfered Meetings during a State of Emergency, and Possible Direction to other Board-Established Commissions, Committees, and Boards Subject to the Brown Act
Executive Summary:
Assembly Bill 361 was enacted on September 16, 2021. Assembly Bill 361 authorizes the County to use teleconferencing for public meetings without following certain requirements of the Brown Act. Assembly Bill 361 essentially continues, with some limitations, the ability of local governments to meet virtually during a state- proclaimed State of Emergency as local governments have been authorized to do pursuant to Executive Orders of the Governor.
As your Board is aware, on March 17, 2020, Governor Newsom issued Executive Order N-29-20 that suspended the teleconferencing rules required under the Brown Act, (Government Code sections 54950, et seq. ) if certain other requirements were met and followed. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which provided that those provisions would remain suspended through September 30, 2021. On September 20, 2021, Governor Newsom issued Executive Order N-15-21 which clarified that, notwithstanding the passage of Assembly Bill 361, except as therein specified, the requirements of Executive Order N-08-21 would continue to govern the meeting of legislative bodies subject to the Brown Act through September 30, 2021.
Assembly Bill 361 amends Government Code section 54953 and provides that if a legislative body elects to use teleconferencing, then it must identify each teleconference location in the public notice and agenda and post agendas at all teleconference locations. (Gov. Code sec.
54953(b)(3).) All teleconference locations must be publicly accessible and there must be an...
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