HomeMy WebLinkAbout10 Report-Out ConfirmationAgenda Item #10
To:
From:
Date:
Subject:
Board of Directors
Shanna D. Kuhlemier, CMC
May 06, 2020
Consideration to Confirm the Report-Out of Closed Session April
27, 2020 and April 28, 2020.
CONSENT
1. WHY THIS MATTER IS BEFORE THE BOARD
It is in the Board's purview to report-out of closed sessions.
2. HISTORY
The Ralph M. Brown Act (Brown Act) is California's “sunshine” law for local
government. In a nutshell, it requires local government business to be conducted at
open and public meetings, except in certain limited situations. The Brown Act is based
upon state policy that the people must be informed so they can participate in
government.
The Brown Act allows a legislative body to convene to closed session during a
meeting in order to discuss certain specifically enumerated topics. Closed session
business must be described on the agenda. In general, the legislative body must
reconvene the public meeting after a closed session and publicly report specified
closed session actions and the vote taken on those actions.
3. NEW INFORMATION
The State of California Executive Order (EO) N-29-20 relaxed several provisions of
the Brown Act due to COVID-19. As permitted by EO N-29-20, the Truckee Donner
Public Utility District Board meeting room is not accessible to the public for Board
meetings. In response to the State of Emergency proclaimed by the Governor and
the local states of emergency proclaimed by the Town of Truckee and Nevada
County, the District, in compliance with EO N-29-20, has put measures in place to not
only meet the letter of the law that the public be able to "observe" meetings, but also
to permit the public to participate in the meetings in real time. The public comment is
accepted via email and during the meeting. The platform Zoom provides access for
public participation during the open portion of meetings and for closed session items.
The District has continued streaming meetings via Tahoe Truckee Media (TTM) and
on our website.
During the April 27th and April 28th special Board meetings, the District opened and
closed the public portion of the meetings as required. However, during these
unprecedented times and taking into account that there is not a mechanism that
allows for the public to "queue" in the meeting room until the Board reports out of
Shanna D. Kuhlemier, CMC Michael D. Holley
District Clerk General Manager
allows for the public to "queue" in the meeting room until the Board reports out of
closed session, District Counsel suggested a confirmation of the report-outs of those
two meetings. This item is not required but is intended to ensure transparency.
Staff will continue to explore the best practices to ensure the District's public meetings
not only are in compliance, but exceed requirements.
4. FISCAL IMPACT
There is no fiscal impact associated with this item.
5. RECOMMENDATION
The Board reconfirm the report-out of the closed sessions of the April 27th and April
28 Special Meetings was that there was no reportable action.