Fremont City Council Meeting: 05/12/26 07:00 PM
3300 Capitol Avenue Div/Dept: City Manager's Office
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5717) DOC ID: 5717
Updated: 5/8/2026 12:18 PM by Dina Lewis Page 1
Technology Disruption Policy - Adoption of Disruption Policy for City Council Handbook of Rules and Procedures
Contact Persons:
Name: Alberto Quintanilla Allen DeMers
Title: City Clerk Deputy City Manager
Div/Dept: City Manager's Office City Manager's Office
Phone: 510-284-4009 510-494-4651
E-Mail: [email protected] [email protected]
Executive Summary: The Ralph M. Brown Act (Gov. Code § 54953) requires that public meetings remain accessible to the public, including through teleconference or internet platforms (when offered). If technology fails during a hybrid or remote meeting or the meeting is disrupted by offensive and/or inappropriate behavior from virtual public participants, the legislative body must pause proceedings until public access is restored or reconvene the meeting at a later date with proper notice.
Background: SB 707, signed by the Governor on October 3, 2025, amended the Brown Act to require adoption of a policy regarding disruption of telephonic or internet service that prevents members of the public from attending or observing City Council meetings. The policy must be adopted in open session and may not be placed on the consent calendar.
Discussion/Analysis: This proposed Technology Disruption Policy establishes procedures for responding to a disruption in or related to the telephonic or internet services that provide two-way remote public access to meetings of the City of Fremont City Council, as required by the Brown Act (Gov. Code § 54953.4).
The City of Fremont previously facilitated virtual public comment during periods of enforced telework and virtual City Council meetings resulting from the COVID 19 pandemic. The City curtailed virtual public comment in conjunction with the resumption of in-person City Council meetings and in an effort to avoid disruptive instances in which virtual public comment at council meetings around the State were used as a disruptive platform for “zoom bombing” and hate speech.
In an effort to address both potential technological interruptions and interruptive misuse of the platform by virtual participants, this policy can be Council Staff Report (ID # 5717) Meeting of May 12, 2026 Updated: 5/8/2026 12:18 PM by Dina Lewis Page 2
applied to address explicit or hateful speech from virtual meeting participants in conjunction with the City of Fremont handbook language regarding City Council meeting decorum. The policy facilitates transparency, public participation, and continuity of government services during technology disruptions. The policy is designed to work in concert with the City Council’s adopted language regarding operations and decorum at City Council meetings. If approved, staff intends to implement virtual public comment at the first City Council Meeting following approval.
Technology Disruption Protocol (proposed for the City Council Handbook):
1. Introduction
This protocol establishes procedures for how the City Council will respond to disruptions in telephonic or internet services that prevent members of the public from attending or observing a meeting remotely. This protocol ensures transparency, public participation, and continuity of government during technological disruptions. This protocol is separate from, and supplementary to, the City Council’s authority under the Brown Act to address individuals who engage in disruptive behavior at public meetings.
2. Authority to Recess
The Mayor may declare a recess where a disruption to the City’s remote access service prevents members of the public from attending or observing a meeting remotely. The Mayor shall announce the disruption to the public and the City shall proceed to the next steps set forth in this protocol.
3. Recess Duration
a) The meeting shall be recessed for up to one hour or until service or decorum is restored, whichever is sooner.
b) City staff will announce the estimated time to reconvene and update any on-site signage.
Council Staff Report (ID # 5717) Meeting of May 12, 2026 Updated: 5/8/2026 12:18 PM by Dina Lewis Page 3
4. Efforts to Restore Service
The City shall make good faith efforts to restore remote access services, which may include:
o Troubleshooting platform or teleconferencing software o Removing any member(s) of the public who caused the meeting disruption
o Resetting or replacing audiovisual equipment
o Attempting alternative connection methods
o Contacting necessary support staff or service providers o Switching to back-up equipment or platforms, if available
5. Reconvening the Open Session
a) The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service or decorum is restored, whichever occurs earlier.
b) If remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.
c) If service has not been restored after one hour, the City Council may reconvene and:
o Adjourn the meeting; or
o Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City of Fremont has made good faith efforts to restore the conditions necessary to continue virtual public comment for this meeting, inclusive of 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.” Council Staff Report (ID # 5717) Meeting of May 12, 2026 Updated: 5/8/2026 12:18 PM by Dina Lewis Page 4
d) Upon adoption of the finding, the City Council may continue the open session even though remote access services have not been restored or reactivated.
6. Documentation
a) The Clerk documents the nature of the disruption, duration, and corrective actions in the official record.
b) The Clerk shall enter a brief statement into the meeting minutes, including the following:
o The nature and time of the disruption
o The restoration efforts undertaken
o The time the meeting was reconvened (if applicable)
Fiscal Impact: None.
Environmental Review: The updated Council Handbook is an organizational, and/or administrative governmental activity that is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and pursuant to CEQA Guidelines section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment, the activity is not subject to CEQA.
Attachments:
ATTACHMENTS:
• Exhibit A_Council Handbook_DRAFT
• Draft Resolution
Recommendation: Adopt a resolution amending the City Council Handbook of Rules and Procedures approving the addition of a Technology Disruption Policy to establish procedures for recessing and reconvening City Council Council Staff Report (ID # 5717) Meeting of May 12, 2026 Updated: 5/8/2026 12:18 PM by Dina Lewis Page 5
meetings when telephonic, internet service or virtual participant-related disruptions occur.