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9 CITY OF FOSTER CITY
DISRUPTION POLICY
1. PURPOSE
The purpose of this policy is to establish procedures for responding to disruption(s) of telephonic or internet services that provide two-way remote access for the public to attend and participate during open and public meetings of City Council. Pursuant to Government Code Section 54953.4, the City Council adopts this policy to ensure statutory compliance, transparency, and continuity of public participation and government operation during technological disruptions a public open meetings of City Council.
2. BACKGROUND
Senate Bill 707 (2025) (“SB 707”) requires all “eligible legislative bodies” to offer remote public participation for City Council meetings through either (1) two-way telephonic service or (2) two-way audiovisual platforms. Pursuant to SB 707 definition, the City of Foster City is an “eligible legislative body.” Additionally, SB 707 amended the Brown Act to require all “eligible legislative bodies” to adopt, on or before July 1, 2026, a policy on how to address telephonic or internet service connection disruption that inhibits the public from accessing or observing a public open meeting of City Council.
3. DEFINITIONS
For purposes of this policy:
• “Disruption” means any failure, outage, or other interruption in the City’s telephonic or internet service that prevents members of the public from attending or participating in public open meetings of City Council.
• “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 public open meetings of City Council.
4. APPLICABILITY
This policy applies to all open and public meetings of City Council at which remote public participation is required per Government Code section 54953.4(b)(1)(A)(i)(I)(ia) but does not apply in those circumstances where the Brown Act provides that remote public access is not required.
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9 5. DISRUPTION PROCEDURES
5.1. Response to Disruption of Remote Access Services
If Remote Access Services are disrupted during an public open meeting for City Council then the following steps must take place:
A. City Council shall immediately announce the disruption to the public; B. City Council must either adjourn the open session or recess from open session for at least one (1) hour to make a good faith effort to restore the Remote Access Services;
C. During recess, City Council may meet in closed session as permitted by Government Code section 54953.4;
D. If following recess of the meeting, Remote Access Services have not been restored within (1) hour, then City Council may reconvene the meeting if it adopts, by rollcall vote, a finding that it made good faith efforts to restore the Remote Access Services and that the public interest in continuing the meeting outweighs the public interest in remote public access.
5.2. Efforts to Restore Remote Access Services
City Council shall make good faith efforts to restore Remote Access Services, which may include:
A. Troubleshooting platform or teleconferencing software; B. Resetting or replacing audiovisual equipment;
C. Attempting alternative connection methods;
D. Contacting necessary support staff or service providers; or E. Switching to back-up equipment or platforms, if available.
Pursuant to the Recordkeeping section of this policy, the City Clerk shall make a record and enter into the meeting minutes the disruption and restoration efforts undertaken by City Council.
6. RECONVENE OPEN SESSION
6.1. Timing
Open session may reconvene upon restoration of Remote Access Services or if after one (1) hour has elapsed from the time of disruption, the finding required by Section 6.2 of this policy has been adopted by the Council.
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9 6.2. Inability to Restore Remote Access Services
If Remote Access Services have not been restored after one (1) hour, the City Council may reconvene the meeting in open session only after the following, or a substantially similar, finding is adopted by a roll call vote of the Council:
“The City Council of Foster City 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.”
7. RECORDKEEPING
If Remote Access Services were disrupted, then the City Clerk shall make a record and enter into the meeting minutes the following:
A. The nature and time of the disruption;
B. Whether open session was adjourned or City Council complied to the procedures pursuant to Section 5.1;
C. The restoration efforts undertaken;
D. The time the meeting was reconvened (if applicable); and E. The finding adopted pursuant to Section 6.2 (if applicable).
8. REVIEW AND UPDATES
This policy like other City Council policies, may be reviewed and amended from time-to- time by the City Council. As expressly required by the Brown Act, amendments to this policy must be approved at a properly noticed public meeting in open session, and may not be approved on the consent calendar.