TO: Financing Corporation Board of Directors
FROM: Linda A. Nemeroff, Corporation Secretary
SUBJECT: Remote Brown Act Meetings
ACTION ITEM
RECOMMENDED ACTION(S):
Title
Consider the adoption of Financing Corporation Resolution No. 22-004 authorizing the AC Transit Financing Corporation Board of Directors to hold remote teleconference meetings during a declared state of emergency, subject to the requirements of the Brown Act.
Staff Contact: Linda Nemeroff, Corporation Secretary
Body
BUDGETARY/FISCAL IMPACT:
There is no budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE:
AB 361 (Rivas) was signed into law on September 16, 2021 and took immediate effect as an urgency measure to amend the Brown Act to permit legislative bodies to continue to hold remote meetings during the pandemic. More specifically, this legislation allows local agencies to use teleconferencing without having to comply with the requirements of the Brown Act, provided that the legislative body meets "other requirements" (outlined later in this report) in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety if attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees.
In addition, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconf...
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