1 RESOLUTION NO. __________
RESOLUTION TO ADOPT A COUNCIL POLICY
ESTABLISHING PROCEDURES FOR ADDRESSING
TELEPHONIC OR INTERNET SERVICE DISRUPTIONS
DURING COUNCIL MEETINGS
WHEREAS, Senate Bill 707 (SB 707) made numerous changes to the Ralph M.
Brown Act and imposed new requirements on local public agencies, including a requirement that members of the public be allowed to participate and provide public statements at City Council meetings through two-way audio or audiovisual platforms; and
WHEREAS, SB 707 requires that the City Council approve a policy that addresses the procedures for recessing and reconvening a meeting in the event of disruption of telephonic or internet service (“service disruptions”) occurring during meetings; and
WHEREAS, the City Council therefore desires to adopt this policy setting forth the procedures for recessing and reconvening City Council meetings in the event of service disruptions, with the goal of granting maximum flexibility to the City Council to conduct City business while reaffirming the public’s right to participate in meetings.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows:
1) The above recitals are true and correct and incorporated herein by reference. 2) The City Council hereby adopts the policy entitled “Council Procedures for Addressing Telephonic/Internet Service Disruptions During Council Meetings” (“Policy”), as set forth in Exhibit A , attached hereto and incorporated by reference herein.
3) This Resolution shall become effective immediately upon its adoption; provided, however, that the Policy shall only take effect when telephonic/internet service is implemented to allow public participation in City Council meetings, which shall occur on or before July 1, 2026.
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2 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ___________________, by the following vote:
YES: COUNCIL MEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCIL MEMBER ___________________________________________________________________ ABSTAIN: COUNCIL MEMBER ___________________________________________________________________ ABSENT: COUNCIL MEMBER ___________________________________________________________________
__________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio of the
Council of the City of Bakersfield
APPROVED __________________
By___________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
By___________________________
ASHLEY E. ZAMBRANO
Deputy City Attorney
Attachment: Exhibit A
S:\COUNCIL\Resos\25-26\Reso_Council Policy_ServiceDisruptions(SB707)_DRAFT.docx
3 EXHIBIT A
COUNCIL PROCEDURES FOR ADDRESSING TELEPHONIC/INTERNET SERVICE
DISRUPTIONS DURING COUNCIL MEETINGS
SECTION 1. PURPOSE. The purpose of this policy is to establish procedures for how the City Council will respond to disruptions in telephonic or internet service that prevent members of the public from attending, observing, or participating in a City Council meeting remotely (i.e., via two-way audio or audio-visual platforms). This policy is adopted to comply with the Brown Act, as amended by Senate Bill 707, and as may be further amended.
SECTION 2. DEFINITIONS. For purposes of this policy, the following definitions apply:
“Service Disruption” means any fa ilure, outage, or other interrup tion of City’s telephonic or internet service that prevents members of the public from attending, observing, or participating in the City Council meeting via remote access services. “Remote access services” means the two-way telephonic service and/or two -way audiovisual platform implemented by the City to provide real-time opportunity for remote public participation and attendance . Nothing in this policy shall be construed to restrict the City’s ability to change serv ice providers or to require a particular type of remote access service.
SECTION 3. PROCEDURES IN THE EVENT OF REMOTE ACCESS SERVICE DISRUPTION.
A. Initial Response to Service Disruption.
If the Presiding Officer or City Clerk becomes aware of a disruption to the City’s remote access service that prevents members of the public from at tending, observing, or participating in the meeting remotely:
1. The Presiding Officer or Clerk shall immediately announce the disruption to the City Council and the public.
2. The Presiding Officer may call for a recess of the open session or adjourn to closed session, consistent with the Brown Act.
B. Good Faith Efforts to Restore Service
1. In the event of disruption to remote access services, City s taff shall immediately begin efforts t o diagnose and restore the disrupted service.
Efforts to restore service may include any or all of the following:
i. Troubleshooting service software
4 ii. Resetting or restarting remote access services
iii. Attempting alternative connection methods
iv. Utilizing alternative means of remote access service v. Contacting necessary support staff
2. The Presiding Officer should consult with City staff to determine the likelihood of timely restoration of service.
3. The Presiding Officer, in consultation with the City Attorney, may determine the appropriate steps for conducting the meeting, which may include the following:
i. Remaining recessed pending good faith efforts to restore service ii. Reconvening the meeting in accordance with this Policy and the Brown Act
iii. Adjourning the meeting
SECTION 4. RECONVENING THE OPEN SESSION.
A. Reconvening When Service Is Restored. As soon as remote access service is restored, the City Council may reconvene the meeting without further notice.
B. Reconvening When Service Is Not Restored. If remote access ser vices are not restored, the City Council may take any appropriate action, which includes but is not limited to the following:
1. The City Council may reconvene the open session of the meeting to proceed with conducting City business if, after one (1) hour, service is not restored and the City Council, by roll call vote adopted by a majority of members present, makes a finding that the City has made good faith efforts to restore telephonic or internet service in accordance with this Policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.
2. The City Council may reconvene the meeting without waiting for service to be restored for the purpose of continuing all pending items of business to a specified publicly noticed meeting time and date, prior to adjourning the meeting.
SECTION 5. RECORDKEEPING.
5 The City Clerk shall ensure the meeting minutes reflect the nature and time of any disruption to remote access services and any actions taken to reconvene or adjourn the meeting.