(a) Absent a declaration of emergency, the Charter requires members of the Board of Supervisors to be physically present at a meeting in order to be counted towards a quorum and able to conduct the Board’s business. The Charter generally does not allow members of the Board to participate in meetings by teleconferencing.
But the Charter includes a limited exception for teleconferencing authorized as part of a qualifying parental leave policy. Charter Section 2.104 provides, in relevant part, that members of the Board may legally participate in a meeting by teleconferencing or other electronic means as authorized by the Brown Act (Cal. Govt. Code § 54953(b)) “after the Board of Supervisors has adopted an ordinance . . . allowing such participation” as part of a parental leave policy.
Although Charter Section 2.105 provides that “[t]he Board of Supervisors shall meet and transact its business according to rules which it shall adopt,” and the Board generally adopts its rules of order by motion, Charter Section 2.104 specifies that the Board shall act in this instance by ordinance. By adopting this Administrative Code Section 2.3 and implementing its provisions, the Board of Supervisors intends to accept and exercise the authority given to it by the voters in Charter Section 2.104 to permit members of the Board of Supervisors to participate in meetings by teleconferencing pursuant to the terms of a parental leave policy as outlined in this ordinance.
(b) In keeping with Charter Section 2.104, the Board of Supervisors may adopt a parental leave policy by motion to accommodate its members where:
(1) A member is physically unable to fulfill the member’s duties, including attending Board meetings in person, due to the member’s pregnancy, childbirth, or related condition, as certified by a health care provider, or
(2) The member is absent to care for the member’s child after birth of the child, or after placement of the child with the member or the member’s immediate family for adoption or foster care.
(c) The parental leave policy may include the following provisions:
(1) Members meeting the eligibility requirements of subsection (b)(1), above, shall be allowed to take parental leave for 32 weeks, or until the member no longer meets the eligibility requirements. Members meeting the eligibility requirements of subsection (b)(2), above, shall be allowed to take parental leave for 16 weeks, or until the member no longer meets the eligibility requirements.
(2) Members shall be excused from attending and participating in meetings of the Board or its committees, whether in-person or by teleconferencing, while on parental leave.
(3) Members may attend and participate in meetings of the Board or its committees by teleconferencing while on parental leave, as further provided in subsection (d), below.
(4) The Board may include other provisions in its parental leave policy not in conflict with this Section 2.3.
(d) The Board of Supervisors’ parental leave policy may authorize a member to attend and participate by teleconferencing while that member is on parental leave pursuant to the Board’s parental leave policy. “Teleconference” shall mean a meeting of the Board or its committees, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(1) Participation by teleconferencing pursuant to such policy shall satisfy all otherwise applicable requirements of City law regarding quorum numbers and the number of votes required to take particular actions.
(2) Members participating by teleconferencing pursuant to such policy shall comply with all otherwise applicable State and City laws regarding public meetings and public records.
(e) The Board of Supervisors may include its parental leave policy in the Board’s Rules of Order, and may provide a copy to all Board staff and newly-elected or newly-appointed Board members.
(f) A member on an approved parental leave shall maintain Health Service System benefits as provided in Administrative Code Section 16.700.
(Added by Ord. 156-21, File No. 210586, App. 10/8/2021, Eff. 11/8/2021)