Mendocino LAFCO reviews SB 707 Brown Act changes, plans policy updates before Jan. 1

Counsel Burch told the Mendocino County Local Agency Formation Commission on Nov. 3 that SB 707, signed into law in October, preserves pandemic-era teleconferencing procedures and makes several changes that affect local agencies.

"There's a revised teleconferencing rule permitting remote participation by members," Counsel Burch said, and explained that "just cause" remote participation is limited to two meetings per year for illness, caregiving or similar reasons, while "emergency circumstances" participation has no numeric limit. She also told commissioners a quorum must still attend in person at the meeting location and the public must retain both in-person and remote access.

The law also requires that new commissioners receive a copy of the Brown Act, Burch said, and makes permanent limited social-media interactions provided they do not amount to deliberation. "If you posted something about an item that might be coming before the LAFCO and you got into a back and forth with other commissioners, that would be considered a meeting," she said. The measure also standardizes notice and conduct requirements for special and emergency meetings.

Commissioners raised questions about how the changes will affect smaller special districts. Burch said larger districts with budgets over specified thresholds will face additional obligations, including possible translation requirements and other steps that could add cost. She urged conservative use of social media and recommended staff prepare an orientation packet and a summary of changes for distribution.

The commission agreed to have its policies-and-procedure committee review existing teleconferencing and related policies later in November with the aim of considering amendments in December so changes can be in place by Jan. 1.

Why it matters: SB 707 alters the mechanics of how public meetings may be conducted and adds duties that could be especially burdensome for small special districts; LAFCO staff will bring proposed policy edits back to the commission for adoption.

What happens next: Staff will prepare recommended policy amendments and an orientation packet for new commissioners, and the policies-and-procedure committee will meet to review the changes.