On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which enhanced State and Local Governments ability to respond to COVID-19 Pandemic based on Guidance for Gatherings issued by the California Department of Public Health. The Executive Order specifically allowed local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically, in order to protect public health. That order expired on September 30, 2021.
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, rather than under the Brown Act's prior more narrow rules for participation in a meeting by teleconference. AB 361 provides that if a state or local health official recommends social distancing, the TAMC Board of Directors and its Committees may meet remotely, provided that within 30 days of the first meeting after September 30, and every 30 days thereafter, the Board of Directors finds that 1) the Governor’s proclaimed state of emergency is still in effect; 2) the Board of Directors has reconsidered the circumstances of the state of emergency, and 3) the state of emergency continues to directly impact the ability of the members to meet in person.
AB 361 sunsets in January 2024 but in order to be in effect, Governor Newsom’s state of emergency must still be in effect; once it is lifted, AB 361 can no longer be applied regardless of the sunset date. Governor Newsom’s state of emergency order is still in effect and it is anticipated that it will remain in effect for months to come and thus, TAMC may continue using AB 361 for virtual meetings. Staff recommends that the Committee discuss how to conduct future meetings pursuant to the Brown Act, in the scenario that the state of emergency is terminated in the coming months.