Policy: Disruption of Two-Way Remote Public Access Service
1. Purpose
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 City Council of the City of Palo Alto, as required by the Brown Act (Gov. Code § 54953.4). If state law is subsequently amended, the amended terms of state law will apply.
2. Definitions
For purposes of this policy:
“Disruption” means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via a two-way telephonic service or two-way audiovisual platform. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and participation in meetings. Services that allow remote observation but not participation of meetings, such as a television broadcast or livestream, are not included.
3. Applicability
This policy applies to all open and public meetings of the City Council of the City of Palo Alto at which remote public participation is offered or required under the Brown Act.
4. Procedures in the Event of a Service Disruption
4.1. Response to Service Disruption
If the Presiding Officer or Clerk becomes aware of a disruption to the agency’s remote access services that prevents members of the public from attending or observing the meeting remotely:
1. The Presiding Officer or Clerk shall immediately announce the disruption to the public.
2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in an agendized closed session. The Presiding Officer will make the following, or a substantially similar, announcement:
“The City is experiencing a disruption of its remote access service that prevents remote public participation. In accordance with the Brown Act, the City Council will recess the meeting for at least one hour or until services are restored, whichever comes sooner. If service is not restored after one hour, the City Council may either vote that the public interest in continuing the public meeting outweighs the public interest in remote access and reconvene or adjourn the meeting.”
3. Staff shall begin efforts to diagnose and restore the disrupted service.
4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.
4.2. Efforts to Restore Service
The agency shall make good faith efforts to restore remote access services, which may include:
Troubleshooting platform or teleconferencing software
Resetting or replacing audiovisual equipment
Attempting alternative connection methods
Contacting necessary support staff or service providers Switching to back-up equipment or platforms, if available
5. Reconvening the Open Session
5.1. Timing
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.
5.2. If Service Is Restored
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.
5.3. If Service Is Not Restored
If service has not been restored after one hour, the City Council of the City of Palo Alto may reconvene and:
1. Adjourn the meeting; or
2. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City of Palo Alto has made good faith efforts to restore remote access services 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 legislative body may continue the open session.
6. Recordkeeping
The Clerk shall enter a brief statement into the meeting minutes, including the following:
The nature and time of the disruption
That good faith efforts to restore service were made in accordance The time the meeting was reconvened (if applicable)
Any finding adopted pursuant to Section 6.3
7. Review and Updates
This policy may be amended by the City Council of the City of Palo Alto at a noticed public meeting in open session, not on the consent calendar.