TO: AC Transit Board of Directors
FROM: Linda A. Nemeroff, Board Administrative Officer/District Secretary
SUBJECT: Implementation of AB 2449
BRIEFING ITEM
AGENDA PLANNING REQUEST: ?
RECOMMENDED ACTION(S):
Title
Consider receiving an update on the implementation of AB 2449 regarding new teleconference provisions under the Brown Act.
Staff Contact:
Linda A. Nemeroff, Board Administrative Officer/District Secretary
Jill A. Sprague, General Counsel/Chief Legal Officer
Body
STRATEGIC IMPORTANCE:
There is no strategic importance associated with this report.
BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
Since September 2021, the Board has adopted resolutions on a monthly basis to allow all the District's legislative bodies to hold remote teleconferenced meetings without having to comply with the teleconference requirements of the Brown Act. This was made possible by Assembly Bill 361 (2021) which permits local agency legislative body members to continue remote participation in meetings during a declared state of emergency through December 31, 2023, provided local agencies comply with specific requirements.
Governor Newsom has signaled that he intends to lift the pandemic state of emergency on February 28, 2023, which will eliminate the conditions needed to implement AB 361. This means that beginning on March 1, 2023, all legislative body members will be required to attend meetings in person unless they (1) follow the Brown Act's noticing requirements for legislative body member teleconference participation or (2) follow new emergency provisions for teleconferenced participation contained in AB 2449, which will be in effect through January 1, 2026. The two options in the Brown Act to participate by teleconference are provided below:
Option 1: (the same process used prior to the pandemic)
Pursuant to the Brown Act and Board Policy, the following requirements must be met in...
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