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B - Draft Policy

Cupertino City Council
June 2, 2026

Document
B - Draft Policy
Meeting
June 2, 2026
Body
Cupertino City Council
Original file
374 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

Policy on Disruption of
Telephonic or Internet
Service During Public
Meetings
Citywide Policy Manual
Policy #
Attachments:

Resolution No. 26-___
Effective Date:

June 2, 2026

Responsible Department:

City Manager’s Office
Related Policies & Notes:

None

1. PURPOSE
Senate Bill 707 (SB 707) (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a written policy that addresses how the agency will respond when there are disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.

1.1 This policy sets forth clear procedures and expectations for addressing technological disruptions in telephonic or internet services that provide two-way remote public access to City Council meetings, as required by the Brown Act (Gov. Code § 5 4953.4). This policy affirms the City’s commitment to maintaining transparency, accessibility, and continuity of government during technology disruptions, consistent with SB 707’s mandate to recess meetings and make good faith efforts to restore service when remote access fails.

2. DEFINITIONS

2.1 Disruption: an interruption of telephonic or internet service that prevents:
• the legislative body from broadcasting the meeting; or • the public from attending, providing comment, or otherwise participating remotely.

2.2 “Remote access services” is defined as the two -way telephonic service and/or two -way audiovisual online platform used to provide real -time remote public attendance, participation, and/or observation of meetings.

3. APPLICABILITY:

This policy pertains to all open and public meetings of the City Council. (Government Code § 54953.4).

4. PROCEDURES

In the event of a service disruption during a public meeting that materially prevents public remote attendance or public comment:

4.1 Announcement and Recess

4.1.1 The Presiding Officer or City Clerk shall announce the disruption to the legislative body, the in-person audience, and any remote participants.

4.1.2 The Presiding Officer or Clerk shall call a recess of the open session.

4.1.3 The legislative body may convene in closed session during the recess if otherwise authorized by law.

4.1.4 Staff shall make efforts to identify and restore the disrupted service.

4.1.5 The meeting shall remain in recess for at least one hour or until service is restore d, whichever occurs first. Council may extend the recess if restoration efforts are ongoing.

4.2 Efforts to restore service:

4.2.1 Staff shall make good-faith efforts to restore remote access services, which may include:

• Troubleshooting teleconferencing platforms or software; • Resetting or replacing audiovisual equipment;
• Attempting alternative connection methods;
• Contacting appropriate support staff or service providers; and
• Using back-up equipment or platforms, if available.

4.2.2 The Clerk and/or the Innovation and Technology Department shall document the restoration efforts undertaken.

4.3 Restoration of Service

4.3.1 If remote access is restored at any time during the recess:
• The legislative body shall immediately reconvene the open session.
• The presiding officer shall announce that remote access and public comment functionality have been restored.
• The disruption and resolution shall be documented in the meeting minutes, including start time of the disruption, its duration, and the steps taken to restore the service.

4.4 Reconvening the open session

4.4.1 Timing:
• The City Council may reconvene the open session after at least one hour has passed from the time of disruption or as soon as service has been restored, whichever occurs first.

4.5 If service is not (or cannot be restored) after one hour, the City Council must reconvene and:

4.5.1 Adjourn the meeting: or

• Continue the meeting in open session by adopting via roll-call vote the following or a similar, finding:

“The City Council has made good-faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”

• Upon adoption of the finding, the Council may continue the open session even though remote access services have not been restored.

4.6 Documentation:

4.6.1 The City Clerk shall enter a brief statement into the meeting minutes, which includes the following:

• The nature and time of the disruption (beginning and end) • Restoration efforts undertaken
• The time the meeting was reconvened (if applicable)
• Any finding adopted pursuant to section 4.5.1

4.6.2 This documentation shall be retained in accordance with the City’s record retention policies.

4.7 Review and updates:

This policy may be amended by the City Council at a noticed public meeting during open session, not on the Consent Calendar.

Revisions:

City Manager’s signature: _______________________________

Date: _______________________________

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