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HomeMy WebLinkAbout12 Brown Act Update and Directionp' TRUCKEE DONNER Public Utility District MEETING DATE: January 18, 2023 TO: Board of Directors AGENDA ITEM 12 FROM: Shanna D. Kuhlemier, CMC, District Clerk SUBJECT: Consideration of Setting Expectations for Agenda Postings in Relation to Assembly Bill (AB) 2449, Teleconferencing for the Brown Act _ APPROVED BY Brian C. Wright, General Manager RECOMMENDATION: The Board of Directors consider the following options, but not limited to the following as directed by the Board: a) Commit to in person meetings, similar to the last two years. b) Direct staff to plan for teleconferencing for every meeting until 2026; or c) Utilize pre -planning techniques to notify the General Manager of an absence to apply the District's teleconferencing technology. Notification would be required three day before the public posting of the agenda; or d) Provide an alternative direction to staff. BACKGROUND: The Truckee Donner Public Utility District Board of Directors has a long history of setting policies and practices in place supporting the public process, organizational transparency and community engagement, in compliance with the Ralph M. Brown Act (Brown Act). Public entities across the state were recently faced with unprecedented challenges in facilitating public meetings and preserving access to the public during the recent COVID-19 pandemic. In response to these challenges the Governor of California enacted executive orders incorporating temporary modifications to certain public meeting provisions in the interest of public health and safety. Many of these provisions were specific to a public entities ability to hold meetings with remote or virtual participation of elected officials and the public. As the acute health and safety risks associated with the COVID-19 pandemic become more manageable and terms of some of these executive orders and temporary provisions expire, the State of California has adopted new provisions within the Brown Act that should be taken into consideration by the District's Board of Directors in establishing protocol for the public posting of agendas and remote participation moving forward. Page 1 of 2 ANALYSIS - District Counsel Gross has provided a memorandum (Attachment 1) outlining the changes to the Ralph M. Brown Act by AB2449. Goals and Obiectives: 1. Responsibly serve the public. 2. Provide a healthy and safe work environment for all District employees. 3. Provide reliable and high quality water supply and distribution system to meet current and future needs. 4. Provide reliable and high quality electric supply and distribution system to meet current and future needs. 5. Manage the District in an environmentally sound manner. 6. Manage the District in an effective, efficient, and fiscally responsible manner. FISCAL IMPACT: There is no direct fiscal impact associated with this item. ATTACHMENTS: Attachment 1 - Porter Simon Law Firm — Memorandum from District Counsel Gross. Page 2 of 2