Virtual Board Meeting Guidance
Supplement to Conservancy Board Procedures
Section 1. Overview and Purpose
Pursuant to Government Code section 11133, certain provisions of the Bagley-Keene Open Meeting Act (Bagley-Keene Act) are suspended temporarily. This statute waives the requirement to make a physical location available for members of the public to observe the meeting and offer public comment. This guidance provides a temporary supplement to the Conservancy Board Procedures (Board Procedures) to summarize the key aspects of the statute as it relates to the Board Procedures for purposes of holding the virtual meeting. This guidance does not replace the Board Procedures and Board members should continue to refer to the Board Procedures for general guidance.
Section 2. Joining the Meeting (Meeting Specific)
Open Session: Board members should join the meeting using either of the following steps:
Join the meeting using Zoom Webinar: https://us06web.zoom.us/j/88187280031
The webinar ID is 881 8728 0031.
Join the meeting by telephone: (253) 215 8782, (669) 900-6833, (346) 248-7799, (929) 205-6099, (301) 715-8592, or (312) 626 6799
Closed Session: Information about how to join the closed session has been communicated directly to Board members. Members of the public will not be permitted to join the closed session portion of the meeting. Additional information on closed session is provided below in Section 7.
Additional Information: Additional information about the November 2021 Board meeting is available at the following websites:
Public Participation Guide: https://tahoe.ca.gov/public-participation-guide-for-conservancy-board-virtual-meetings/
Board Member Technical Assistance: Contact firstname.lastname@example.org or 530-543-6028 for technical assistance and questions on the day of the meeting.
Section 3. Teleconference Location and Physical Locations of Board Members
The Board meeting will be conducted virtually through the Zoom Webinar platform, with a teleconference option. Notice of the time of the meeting, Zoom Webinar address, and agenda are be posted in accordance with the Bagley-Keene Act on the Conservancy’s website. The physical locations from which Board members will join the meeting do not need to be noticed, nor do such locations need to be open to the public. Board members may join the meeting from outside the jurisdiction boundaries.
Section 4. Board Member Communications
The Bagley-Keene Act expressly prohibits Board members from communicating outside of an open meeting about any topic that is within the subject matter of the Board’s authority. (Gov. Code, § 11122.5(b); see also Section 16 of the Board Procedures). This rule remains applicable during a virtual meeting. To avoid potential violations, the “chat” and “Q & A” functions of the Zoom Webinar will be disabled during the meeting. Board members should not communicate outside of the meeting with other Board members or staff, using any other platform or technology (e.g., text, phone, alternative messaging application, etc.).
A Board member wishing to speak during the meeting should either wave their hand physically or take themselves off mute and ask to be called on by the Chair. Once the Chair calls on the Board member, they may unmute themselves to speak and state their name for the record. Once the Board member has finished speaking, they should mute themselves.
Section 5. Public Comment
Pursuant to the Bagley-Keene Act, the Board shall allow for public comment during the open session of Board meetings on all matters on the agenda. (Gov. Code, § 11125.7(a); see also Section 6 of the Board Procedures). This rule remains applicable during a virtual meeting. As with in-person meetings, the public will have a chance to comment after each staff presentation and before the Board’s vote.
Methods of Providing Public Comment: The public may provide comments for the Board meeting any of the following ways:
- Provide written comments by sending an email to email@example.com. All such written comments will be part of the public record and shared with the Board but will not be read aloud during the Board meeting.
- Provide written comments to be read aloud during the Board meeting by submitting comments using the Conservancy’s public comment form, which is available at: https://tahoe.ca.gov/public-comment. All written comments submitted using the form will be shared with the Board, but only those received by 5:00 p.m. the day before the meeting will be read aloud during the meeting.
- Provide oral comments during the meeting by notifying the Conservancy through the Conservancy’s public comment form, which is available at: https://tahoe.ca.gov/public-comment.
- Provide oral comments during the meeting by using the “raise your hand” feature on Zoom Webinar online or by telephone.
Oral and written comments provided during the meeting will be limited to 3,000 words (written) or 3 minutes (oral).
Section 6. Voting
When the Board Chair requests a roll-call vote, each individual Board member must indicate their vote (“aye/yes,” “nay/no,” or “abstain”) following the call of their name by the Board clerk (who may be a designated Conservancy staff member). A roll-call vote is required for any action taken during a meeting held by teleconference, any action taken during an emergency meeting, and any action taken during a closed session involving personnel actions. (See Gov. Code, §§ 11123, subd. (b)(1)(D); 11125.5, subd. (d); 11125.2; see also Section 4 of the Board Procedures). A roll-call vote may also be the superior method for tracking Board votes on more controversial or complex agenda items.
Virtual Voting: During a virtual or teleconference Board meeting, any Board action requiring a vote will happen by roll-call. During a roll-call vote, following the call of the Board member’s name, the Board member called must unmute themselves, indicate their vote (“aye/yes,” “nay/no,” or “abstain”) and then mute again.
Section 7. Closed Session
To conduct a closed session during a virtual meeting, Board members will leave the open session (i.e., the Zoom Webinar) and join a second Zoom Webinar that will serve as the closed session meeting location. Board members received a Zoom Webinar link for the closed session, which will not be shared with anyone outside of the Board members and essential Conservancy staff and legal counsel. Staff may communicate further directions for joining the closed session to the Board directly. The closed session will otherwise follow the rules set forth in the Bagley-Keene Act and the Board Procedures. (See Gov. Code, §§ 11126.3, subd. (a); see also Section 14 of the Board Procedures). The Board may only discuss an agenda item in closed session if the subject matter falls within one of the limited closed session exceptions listed in the Board Procedures. (See Gov. Code, §§ 11126.3, subd. (a); see also Section 14 of the Board Procedures). The Board Chair must publicly announce the general nature of the issues that the Board will discuss in the virtual closed session before the closed session occurs and the Board may only discuss matters covered by the disclosure in closed session. Additionally, the closed session will follow the same virtual meeting etiquette as the public virtual meeting, including either waving their hand physically or take themselves off mute to comment and muting themselves when not speaking. When the closed session has concluded, Board members should leave the Zoom Webinar established for the closed session and re-join the Zoom Webinar established for the public meeting (at which time the Board Chair will proceed with the agenda).