Exhibit B
450071.1
Policy: Procedure for Addressing Service Disruptions of Public Participation by Telephonic or Internet Platform During Meetings of the City Council
1. Background
Senate Bill 707 (2025) amended the Brown Act to require “eligible legislative bodies”, as defined, to adopt a policy addressing how the agency will respond to service disruptions in telephonic or internet service that prevent members of the public from participating remotely. (Gov. Code § 54953.4(b).)
The Barstow City Council is an eligible legislative body due to being within a county with a population larger than 600,000. (Gov. Code § 54953.4(e).) This policy is only applicable to the City Council of the City of Barstow. The Brown Act does not require two-way remote public access for any other local body and does not require such a policy be established for any other local body pertaining to the City of Barstow.
2. Purpose
This policy is intended to foster transparency, public participation, and the continuation of meetings during technological disruptions.
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the Barstow City Council, as required by the Brown Act (Government Code section 54953.4).
3. Definitions
“Service disruption” means any failure, outage, or other interruption to the city’s transmission of remote access services provided by city the that prevents members of the public from participating in a legislative body’s meeting.
Examples of a service disruption include: malfunction of all of the city’s cameras or all of city’s mics providing two-way remote public access feed; or, city’s connection to the two-way remote public access.
The following shall not be considered service disruption: connection by a member of the public to the remote public access service; failure of equipment operated by a member of the public; power outage not affecting location of the meeting; telephone/cable/data service outage not affecting ability of city to transmit to public access service.
“Presiding Officer” shall mean the Mayor or such other member of the City Council serving as the chair of the City Council in the absence of the Mayor. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.
Exhibit B
450071.1
“Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a twoway telephonic service (e.g., Zoom). “Two-way telephonic platform” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
4. Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is offered by the city and required under the Brown Act.
Consistent with the Brown Act, this policy shall not apply to the following meetings:
1. Meetings held to attend a judicial or administrative proceeding to which City of Barstow is a party
2. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property
3. Meetings held to meet with elected or appointed officials of the United States of the State of California, solely to discuss a legislative or regulatory issue affecting the City of Barstow and over which the federal or state officials have jurisdiction
4. Meetings held to meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.
5. Meet in an emergency situation pursuant to Government Code section 54956.5
5. Response to Service Disruption
If the Presiding Officer or Clerk becomes aware of a service disruption that lasts for more than a continuous two-minute period:
1. The Presiding Officer or Clerk shall immediately announce the service disruption to the public.
2. The Presiding Officer shall immediately cease the business of the meeting underway, and call for a recess. The recess shall last until service is restored, or 60 minutes, whichever is sooner. The Presiding Officer shall state the time at which the recess shall cease in the event the service is not restored. Such actions shall not require action of the Council by motion or vote.
3. During the recess, city staff shall attempt to diagnose and restore the disrupted service.
4. During the recess, if the public has had opportunity to speak on items on the closed session agenda, during the recess the City Council may convene or reconvene in closed session to discuss items on the agenda, consistent with the Brown Act.
5. No other action may be taken while in recess.
Exhibit B
450071.1
6. Reconvening the Open Session After Recess Period
A. After the expiration of the recess period stated by the Presiding Officer, the Presiding Officer or Clerk shall report on the status of efforts to restore remote access services, and the City Council may reconvene to:
1. Adjourn the meeting to a date and time certain;
2. Extend the recess to allow staff more time to restore remote access services; or
3. Take action in open session by adopting by roll call vote the following or a substantially similar finding to proceed with the meeting after being unable to address the service disruption:
“The City of Barstow has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and is unable to address the cause of interruption of service. The City Council finds that the public interest in proceeding with the business of the meeting outweighs the public interest in remote public access.” Upon adoption of such finding by majority of the quorum present, the legislative body may continue the open session despite the fact that remote access services have not been restored.
B. In the event that quorum is lost during the recess period, the Clerk shall announce such fact at the stated time for reconvening the meeting and shall set such time for adjourning the meeting to, consistent with member schedules, the Brown Act and city policies.
7. Recordkeeping
The Clerk shall enter a brief statement into the meeting minutes, including:
• The nature and time of the disruption
• The time the meeting was reconvened (if applicable)
• The date and time the meeting was adjourned to (if applicable) • Any finding that was adopted pursuant to Section 6.
8. Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.