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WHEREAS, all meetings of the Board of Supervisors (the "Board") and its legislative bodies are open and public,
as required by the Ralph M. Brown Act (Cal. Govt Code section 54950 et seq.), so that any member of the public may
attend, participate and view the legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing
participation in meetings by members of a legislative body, without compliance with the requirements of Government
Code section 54953(b)(3), subject to the existence of certain conditions and requirements; and
WHEREAS, Government Code section 54953(e) requirements include but are not limited to (1) the existence of a
state of emergency declared by the Governor pursuant to Government Code section 8625 and (2) State or local officials
have imposed or recommended measures to promote social distancing; and
WHEREAS, on March 4, 2020, Governor Gavin Newsom issued a, Proclamation of State of Emergency in response
to the COVID-19 pandemic and as of the date of this Resolution, the proclaimed state, of emergency remains in effect; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended and modified
the, teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) to allow local
legislative bodies to hold public meetings via teleconference; and
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which extended the provisions of N-
29-20 concerning the conduct of public meetings through September 30, 2021, and the Governor subsequently signed
legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 3161, referred to
hereinafter as "AB 361"); and
WHEREAS, to preserve public health and safety, the State Public Health Officer has issued various orders and
guidance regarding COVID-19 prevention measures, which include references and a statement of support for social
dlistancing recommendations (see Guidance for Use of Face Coverings (updated July 28, 2021) and COVID-19 Public Health
Recommendations for Fully Vaccinated People (dated August 24, 2021)); and
WHEREAS, the California Department of Industrial Relations has issued COVID-19 Prevention regulations in Title
8 of the California Code of Regulations (Section 3205 et seq.) which requires employers to (1) have a written COVID-191
prevention program including employee training that promotes physical distancing as an infection prevention measure
and (2) consider implementing physical distancing where feasible as a response to COVID-19 outbreaks; and
WHEREAS, based on the foregoing, the Board finds that (1) the Governor's Proclaimed State of Emergency as a
result of the COVID-19 pandemic is currently in effect and has not been terminated and (2) State officials have imposed
or recommended measures to promote social distancing; and
WHEREAS, the Board has considered the circumstances of the state of emergency, including all information
related to this matter, the associated staff report and other information relating to COVID-191 provided at prior public
meetings of the Board; and
WHEREAS, in light of the foregoing, the Board desires to continue to have the flexibility to meet via tele/video
conference and the Board finds that it and its legislative bodies shall be permitted to conduct their meetings by
teleconferencing without compliance with Government Code section 54953(b)(3) pursuant to section 54953(e), and such
legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed by
section 54953(e)(2).
NOW, THEREFORE, BE IT RESOLVED, FOUND AND ORDERED by the Butte County Board of Supervisors as follows:
The facts set forth in the above recitals are true and correct and incorporated into, this resolution by
reference;
2. As a result of the continuing COVID-19 state of emergency declared by Governor Newsom, State officials
continue to impose or recommend measures to promote social distancing based on the State Public Health Officer's
guidance and recommendations supporting social distancing and the Department of Industrial Relations' issuance of
COVID-19 Prevention regulations through Title 8 of the California Code of Regulations, section 3205 et seq, promoting
social distancing in the workplace,
3. Under the present circumstances, the Board and any of its legislative bodies are hereby authorized and
directed to take all actions necessary to carry out the intent and purpose of this Resolution including conducting open and
public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
4. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of
(i) November 11, 2021 or (ii) such time the Board adopts a subsequent resolution in accordance with Government Code
section 54953(e)(3) to extend the time during which its legislative bodies may continue to teleconference without
compliance with Section 54953(b)(3).
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PASSED AND ADOPTED by the Butte County Board of Supervisors this 12tHclay of October, 2021, by the following
AYES: Supervisors Lucero, Ritter, Kimimelshue, Teeter, and Chair Connelly
NOES: None
Andy Pickett, Chief Administrative Officer
and Clerk LlfthheBoarcl of Supervisors
B
Dep
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Bill Connelly, Chair
Butte County Board of Supervisors