City trustees cite governors executive orders as authority to meet virtually

Pedro Herrera, the boards legal advisor, told trustees the meeting was being held virtually under statewide emergency executive orders issued in response to COVID-19 and reminded members that the meeting, chat and any submitted public comments are public record. "Everything that's being said is obviously being recorded and will be preserved as part of the public record," Herrera said.

Herrera said the governor's original executive order (20-62) relaxed two Sunshine Law requirements: that meetings occur at a single physical location open to the public and that a quorum be physically present. He said the original order had been extended by subsequent orders (most recently referenced as executive order 20-112) and was effective through early July at the time of the meeting.

Herrera explained the practical implications: the board may hold its meeting through Zoom or telephone participation, the public may access the meeting and submit comments to be read into the record, and Zoom chat messages are a public record. "Zoom does have a chat feature. So anything that is put over the chat would also be a public record," he said. Herrera urged trustees to treat the virtual format the same as an in-person meeting as to public records and decorum.

Trustees asked procedural questions about muting and the meetings mute/chat features. Staff noted the Zoom chat function had been disabled for the meeting to reduce background noise. Herrera and staff agreed to answer questions during the session as needed.

The board proceeded with the meeting and later used the virtual platform to administer oaths of office to newly seated trustees.