Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: John Nibbelin, County Attorney
Tara Heumann, Deputy County Attorney
Subject: Policy Regarding Telephone or Internet Service Disruption of Remote Access During Board of Supervisors Meetings Subject to the Ralph M. Brown Act.
RECOMMENDATION:
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Adopt a resolution approving a policy regarding telephone or internet service disruption of remote access during Board of Supervisors meetings subject to the Ralph M. Brown Act.
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BACKGROUND:
In 2025, the California Legislature passed, and the Governor signed, Senate Bill 707 (“SB 707”), which, among other things, makes important changes to the rules for remote attendance for meetings subject to the Ralph M. Brown Act (“Brown Act”).
Under SB 707, the Board of Supervisors of a county with a population of more than 30,000 residents must provide an opportunity for members of the public to participate in all meetings subject to the Brown Act via a two-way telephonic service or a two-way audiovisual platform.
SB 707 also requires that, by July 1, 2026, the Board adopt a policy regarding efforts to restore remote participation after a disruption of telephonic or internet service that occurs during a meeting that is subject to the Brown Act.
The policy must provide that, following an internet or phone service disruption that disables the public participation platform during a such a meeting, the Board shall recess for at least an hour while good faith efforts are made to restore the service. If the service cannot be restored, the Board can resume the open session portion of the meeting by determining, by majority roll call vote, that good faith efforts have been made and that the public interest in continuing the open session portion of the meeting outweighs the public interest in remote public access.
DISCUSSION:
Staff has developed a proposed remote access disruption policy pursuant to SB 707 (“Policy”), and it is set forth in the included resolution.
The Policy provides that, upon learning of an internet or phone service disruption that prevents the public from participating remotely in a meeting subject to the Brown Act, the Board shall recess the open session portion of the meeting. Staff from the Technology Services Department and/or the Department of Public Works will work to determine the origin of the service disruption and to restore services and will contact any third parties deemed appropriate to assist in addressing the disruption, as needed.
For at least one hour, appropriate staff will make good faith efforts to restore the service. During this time, the Board may meet in closed session.
After at least one hour, if the service has not been restored, the Board may reconvene in open session and, at that time, will report on the efforts to restore the service. If the service interruption continues, the Board may resume the open session portion of the meeting if, by a majority roll call vote, the Board finds that (1) the policy has been followed, and (2) the public interest in continuing the open session portion of the meeting outweighs the public interest in remote public access.
The Policy does not apply to teleconference meetings during a proclaimed state of emergency or local emergency nor to meetings where at least one Board member is participating remotely for “just cause” under SB 707. In those cases, SB 707 provides that if a technological disruption prevents broadcasting such a meeting to the public using the call-in or internet-based service option, the Board shall take no further action on the agenda until internet or phone service is restored.
COMMUNITY IMPACT:
Adoption of the Policy pursuant to SB 707 will enhance the public’s access to and participation in meetings of the Board.
FISCAL IMPACT:
There is no net County cost associated with adoption of the Policy.