____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.b
Meeting Date: June 1, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: BROWN ACT UPDATES AND TELECONFERENCING PROVISIONS SUBJECT: RESOLUTION AUTHORIZING HYBRID CITY COUNCIL MEETINGS EFFECTIVE JULY 1, 2026, AND ADOPTING A TECHNOLOGY DISRUPTION POLICY, MULTILINGUAL
AGENDAS & PARTICIPATION POLICY, AND DISRUPTIVE BEHAVIOR IN PUBLIC MEETINGS POLICY TO IMPLEMENT SENATE BILL 707 (DURAZO)
RECOMMENDATION:
Adopt a resolution authorizing hybrid city council meetings effective July 1, 2026, and adopting a Technology Disruption Policy, Multilingual Agendas & Participation Policy, and Disruptive Behavior in Public Meetings Policy to implement SB707 (Durazo).
EXECUTIVE SUMMARY:
Senate Bill 707 updates the Brown Act to expand access to public meetings and modernize how the public participates. These changes focus on remote participation, language access, and outreach to communities that may not typically engage in public meetings. This report outlines where updates are needed and provides practical, easy to implement recommendations that support transparency, accessibility, and efficient meeting operations.
BACKGROUND:
The Brown Act establishes the legal framework that ensures local government meetings are open, transparent, and accessible to the public. It requires that the public be able to attend meetings, observe deliberations, and provide comments on items within the body’s jurisdiction prior to decisions being made.
It is the legal structure that provides the community with a voice in governmental decision-making.
In 2025, Governor Newsom signed SB 707 to update the Brown Act in response to evolving technology and public expectations for participation. The law expands requirements related to remote access, public comment, language accessibility, and community outreach.
SB 707 includes a phased implementation timeline. Certain provisions became effective on January 1, 2026, while additional requirements become operative on July 1, 2026, to allow agencies time to prepare for implementation.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
A key component of SB 707 is the distinction between “eligible legislative bodies” and other Brown Act bodies. The bill provides definitions for an “eligible legislative body” to include city councils of cities with populations of 30,000 or more, which qualifies the San Rafael City Council as an eligible legislative body under the statute.
This distinction is important because several of SB 707’s requirements apply only to eligible legislative bodies. For the City of San Rafael, these include
• Providing two-way remote public participation during meetings • Allowing remote public comment
• Adopting a policy to address disruptions to remote access • Providing reasonable accommodation for individuals using third-party translation or interpretation services
Boards, Commissions, and Committees are advisory bodies and are not subject to these specific requirements under SB 707. These bodies will continue to operate under existing Brown Act requirements unless the City Council chooses to expand access beyond what is required by law.
This report provides an overview of SB 707, identifies where the City is already in compliance, and outlines recommended updates to ensure full implementation by July 1, 2026.
ANALYSIS:
Senate Bill 707 introduces several updates to how the City Council conducts meetings and engages with the public. The City of San Rafael already meets or exceeds many of these requirements. The sections below focus on where changes are required and provide staff recommendations for implementation.
Remote Public Participation for Public Comments
Beginning July 1, 2026, SB 707 requires the City Council to provide two-way remote participation by accepting remote public comments. The City of San Rafael does not currently offer remote public participation during City Council meetings but is actively preparing to implement a hybrid meeting format to meet the July 1, 2026, deadline.
Staff intends to implement remote participation in a clear and structured manner that supports both accessibility and efficient meeting management. Staff will include a coversheet on each agenda outlining how the community can participate, both in-person and virtually, and will include information on the website for participation. Additionally, the City Clerk will provide information at each meeting on how the community can participate.
Consistent with current practice, the Mayor retains discretion to adjust the total time allocated for public comment or the amount of time provided to each speaker based on the number of speakers and the needs of the meeting. This approach provides a predictable and equitable structure for participation while allowing flexibility to manage meeting flow and ensure all voices have an opportunity to be heard.
During City Council meetings, in-person speakers would be heard first, followed by virtual speakers.
However, public comment will not conclude until all speakers are heard, unless the Mayor exercises the discretion outlined above to cap public comments at a time certain.
Technology Disruption Policy
SB 707 requires the City Council to adopt a policy outlining how meetings will proceed if remote public participation is interrupted. The proposed policy (Attachment 2) establishes clear procedures, timeframes, and decision points to ensure compliance with state law while allowing the City Council to continue conducting business when appropriate.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Under the proposed policy, if a disruption occurs that prevents remote public participation, the Mayor will announce the disruption, and the City Council will recess the meeting to allow staff time to restore service.
The Brown Act requires that the meeting remain in recess for up to one hour while good faith efforts are made to restore access. During this time, staff will work to resolve the issue, which may include troubleshooting software, resetting equipment, switching to backup systems, or coordinating with technical support providers.
If remote access is restored within the one-hour period, the meeting will resume and continue as normal.
If remote access cannot be restored after one hour, the City Council may either adjourn the meeting or continue the meeting after making a formal finding, by roll call vote, that the City has made good faith efforts to restore access and that the public interest in continuing the meeting outweighs the public interest in remote participation.
In these situations, real time coordination between the Mayor, City Clerk, City Attorney, and technical staff is necessary to determine the appropriate course of action. This may include decisions about whether to pause the meeting, continue specific agenda items, defer items to a future meeting, or adjourn entirely.
This policy reflects an important shift from prior practice. Previously, the City offered remote participation as an additional service but was not required to do so, which allowed meetings to continue without interruption if technical issues occurred. Under SB 707, remote participation is now required for the City Council, and disruptions must be addressed in accordance with specific statutory procedures.
The proposed policy provides a clear framework to ensure compliance with SB 707 while preserving the City Council’s ability to proceed with City business when appropriate and in the public interest.
Translation and Interpretation Support
Section 54953.4 (2) (A) An eligible legislative body shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not disrupting to the meeting, as defined in Section 54957.95. The eligible legislative body shall publicize instructions on how to request assistance under this subdivision.
The law also requires cities to take proactive steps to increase participation, particularly from underrepresented and non-English speaking communities. This includes maintaining accessible online systems for requesting agendas, providing a dedicated public meetings webpage with clear participation instructions, and conducting outreach to community organizations and media outlets that serve diverse populations.
In addition, SB 707 requires that meeting agendas and certain public meeting information be translated into applicable languages, which are defined based on population thresholds. Translations may be completed using digital tools and must include instructions for how to participate in the meeting. The City must also provide a physical location where translated agendas can be posted and allow members of the public to share additional translations. The City is not responsible for the accuracy of translated materials.
These provisions are intended to improve accessibility and encourage broader community participation while allowing flexibility in how cities implement these requirements.
The City Clerk’s Office currently provides a Request for Interpretation form on our website and makes every effort to provide an interpreter when requested. To date, we have consistently fulfilled all interpretation requests. In practice, we accommodate interpretation during meetings by extending public comment time as needed to allow for consecutive interpretation of comments into English.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Staff recommends continuing these practices and formalizing additional measures to support accessibility. This includes providing space for interpreters at the meeting location, allowing the use of personal devices for translation or interpretation, and making City devices available upon request when feasible. The City may also utilize digital translation tools to support access to meeting materials. Any translated materials will be clearly identified as unofficial and provided as a courtesy, and the English version of the agenda will remain the official record.
In addition, the City will designate a bulletin board outside of the City Hall lobby, where agendas are currently posted, as a location for community members to access or share translated versions of agendas, including Spanish translations. Clear notice will be provided that these translations are not official City documents. These efforts support greater access while remaining operationally manageable and consistent with state law.
Community Outreach and Public Engagement
SB 707 requires cities to make reasonable efforts to engage communities that may not traditionally participate in public meetings. The City already has strong practices in place, including early agenda posting, online access to materials, and clear public participation information. Staff recommends building on these efforts by expanding outreach to community organizations, increasing visibility of meeting resources at public locations, and translating key participation materials into commonly spoken languages in the community. These improvements are consistent with the City’s commitment to transparency, accessibility, and inclusive civic engagement.
Disruptive Behavior in Public Meetings Policy
As part of implementing updated meeting procedures, staff has developed a Disruptive Behavior in Public Meetings Policy (Attachment 4) to establish clear, lawful, and consistent procedures for preventing and responding to disruptions during public meetings, regardless of whether they occur in person or through remote participation. The policy is designed to balance the City’s obligation to maintain order and ensure meetings can proceed with its responsibility to protect free speech and public participation rights under the First Amendment and the Brown Act. It outlines proactive measures to set clear expectations for public participation, as well as step by step procedures for addressing disruptive conduct if it occurs.
These procedures include assessing whether behavior constitutes protected speech or actual disruption, issuing warnings, removing individuals when necessary, and recessing the meeting in more significant situations. The policy also emphasizes the importance of coordination between the Mayor, City Clerk, City Attorney, and supporting staff when responding to disruptions. This approach provides a consistent and legally sound framework to support orderly meetings while preserving the public’s right to participate.
Expanded Teleconferencing for Boards, Commissions, and Committees State law now allows, but does not require, the City Council to authorize eligible boards, commissions, and committees (BCC) to meet fully remotely for up to six months at a time. This option is referred to as expanded alternative teleconferencing.
The law defines an “eligible subsidiary body” as a legislative body that serves exclusively in an advisory role, is not authorized to take final action on legislation, regulations, contracts, liens, licenses, permits, or other entitlements, grants, or allocations of funds, and does not oversee sensitive subject areas such as elections, budgets, police oversight, library materials, or taxes and related spending proposals. These bodies may include elected officials, non-elected members, or a combination of both.
Staff does not recommend authorizing this option at this time.
In person meetings continue to provide the strongest opportunity for public engagement, clear communication, and meaningful dialogue between members of the public, BCC members, and staff.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Allowing expanded remote meetings for all BCCs would add operational complexity and increase the risk of Brown Act issues. SB 707 introduces more detailed and operationally sensitive requirements related to remote participation and public access, which require consistent oversight to implement correctly.
These requirements may require real time legal and technical determinations, including whether to pause a meeting, continue an agenda item, or adjourn. As a result, having trained staff present, including the City Clerk, City Attorney, and technical support staff, is important to ensure compliance, reduce legal risk, and support consistent and effective meeting operations.
FISCAL IMPACT:
There is no fiscal impact as a result of this action.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
RECOMMENDED ACTION:
Adopt a resolution authorizing hybrid city council meetings effective July 1, 2026, and adopting a Technology Disruption Policy, Multilingual Agendas & Participation Policy, and Disruptive Behavior in Public Meetings Policy to implement SB707 (Durazo).
ATTACHMENTS:
1. Resolution
2. Technology Disruption Policy
3. Multilingual Agendas & Participation Policy
4. Disruptive Behavior in Public Meetings Policy
5. City Clerk’s Office Administrative Procedures
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING HYBRID CITY COUNCIL MEETINGS EFFECTIVE JULY 1, 2026, AND ADOPTING A
TECHNOLOGY DISRUPTION POLICY, MULTILINGUAL AGENDAS AND PARTICIPATION
POLICY AND A DISRUPTIVE BEHAVIOR IN PUBLIC MEETINGS POLICY TO IMPLEMENT SENATE BILL 707 (DURAZO)
WHEREAS, the Brown Act establishes requirements to ensure that meetings of local legislative bodies are open, transparent, and accessible to the public; and WHEREAS, in 2025, the California State Legislature adopted Senate Bill 707 (Durazo), which amended the Brown Act to expand public access to ‘eligible legislative body’ meetings, including requirements related to remote participation, public comment, language accessibility, and community outreach; and
WHEREAS, Senate Bill 707 establishes a phased implementation, with certain provisions effective January 1, 2026, and additional requirements operative July 1, 2026; and WHEREAS, the City Council of the City of San Rafael qualifies as an eligible legislative body under Senate Bill 707 and is therefore required to comply with specific provisions related to remote participation, public comment, and access; and
WHEREAS, the City of San Rafael is committed to transparency, accessibility, and inclusive public engagement, and seeks to implement Senate Bill 707 in a manner that is clear, practical, and consistent with these values; and
WHEREAS, staff has developed policies to support implementation of Senate Bill 707, including a Technology Disruption Policy, a Multilingual Agendas and Participation Policy, and a Disruptive Behavior in Public Meetings Policy; and WHEREAS, these policies establish a framework to ensure compliance with state law while supporting efficient and effective meeting operations; and WHEREAS, the City Clerk’s Office has developed administrative procedures to provide clear operational guidance for implementation of these policies and ongoing compliance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows:
Section 1. Authorization of Hybrid Meetings
The City Council hereby authorizes the implementation of hybrid City Council meetings, including in person and remote public participation, effective July 1, 2026, in accordance with Senate Bill 707.
Section 2. Adoption of Policies
The City Council hereby adopts the following policies, attached hereto and incorporated by reference:
2 A. Technology Disruption Policy
B. Multilingual Agendas and Participation Policy
C. Disruptive Behavior in Public Meetings Policy
These policies are intended to ensure compliance with Senate Bill 707 and to support accessible, orderly, and effective public meetings.
Section 3. Authorization of Administrative Procedures
The City Council hereby authorizes the City Clerk to develop, implement, and maintain administrative procedures necessary to carry out the policies adopted by this Resolution.
Such procedures shall include operational guidance for staff, training materials, and standardized processes to ensure consistent application of the policies during City Council meetings. The City Clerk is further authorized to update such procedures as necessary to reflect changes in law, technology, or best practices, provided that such updates remain consistent with the policies adopted by the City Council.
Section 4. Implementation
Staff is directed to take all necessary actions to implement this Resolution and ensure full compliance with Senate Bill 707 by July 1, 2026.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the forgoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 1st day of June 2026, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________
Lindsay Lara, City Clerk
CITY OF SAN RAFAEL
POLICIES AND PROCEDURES
Technology Disruption Policy
1. Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to 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.
2. Purpose
The purpose of this policy is to establish procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City of San Rafael City Council, as required by the Brown Act (Gov. Code § 54953.4). The policy ensures transparency, public participation, and continuity of government during technology disruptions.
3. 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 these remote access services. • “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.
4. Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is offered or required under the Brown Act.
5. Procedures in the Event of a Service Disruption
5.1 Identification of Disruption
A disruption occurs when members of the public are unable to access, observe, or participate in the meeting through the City’s two-way remote participation platform.
Staff shall confirm whether the disruption affects the public’s ability to both observe and provide comment. Disruptions limited to passive viewing platforms, such as livestreams, do not trigger these procedures.
Once a disruption is identified, staff shall immediately notify the City Clerk and the Mayor.
Subject: Technology Disruption Policy
Resolution No.
Issue Date:
Revision Date:
Prepared By Lindsay Lara, City Clerk
Approved By: City Council
Teleconferencing & Disruption Management Policy
5.2 Response to Service Disruption
If the Mayor or City 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 Mayor or City Clerk shall immediately announce the disruption to the public.
2. The Mayor may then call for a recess of the open session, or convene the legislative body in closed session, consistent with the Brown Act.
3. Staff shall begin efforts to diagnose and restore the disrupted service.
4. After consulting with the City Attorney, the City Council may adjourn the meeting and continue the items to a future meeting date; or
5. 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.
5.3 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 The City Clerk shall document the restoration efforts undertaken. Staff shall maintain communication with the City Clerk, City Attorney, and Mayor throughout the restoration process to provide updates and assess progress.
6. Recess Period and Time Requirements
The meeting shall remain in recess for up to one hour to allow time for restoration of remote access.
The meeting may resume earlier if service is restored. Open session shall not resume until either remote access is restored or the one-hour period has elapsed.
Closed session, if properly agendized, may proceed during the recess period.
7. Reconvening the Open Session
7.1 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.
7.2 If Service Is Not Restored
If remote access cannot be restored after one hour, the City Council, in consultation with the City Attorney and City Clerk, shall determine how to proceed.
The City Council may adjourn the meeting and continue items to a future meeting, or continue the meeting after adopting a formal finding, by roll call vote, that good faith efforts were made to restore service and that the public interest in continuing the meeting outweighs the public interest in remote participation.
Teleconferencing & Disruption Management Policy
In making this determination, the City Council may consider factors, such as, but not limited to, the nature of the agenda items, including whether there were any public hearing items, time sensitivity, level of public interest, and overall impact on the public. The City Council may continue with some, but not all of the agenda items.
7.3 Management of Agenda Items
During a disruption, staff and the City Council may determine whether to continue all items, defer specific items, or proceed with time sensitive matters.
Public hearing items or items with significant public interest should be carefully evaluated before proceeding without remote access.
All decisions shall be made in coordination with the City Attorney to ensure compliance with applicable law.
7.4 Motion to Continue without Remote Access
If it is determined to continue the meeting without remote access, the City Council must take action, by roll call vote, that good faith efforts were made to restore service and that the public interest in continuing the meeting outweighs the public interest in remote participation.
Example Motion Language: “The City of San Rafael 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 legislative body may continue the open session despite the fact that remote access services have not been restored.
8. Record Keeping
The City Clerk shall enter a brief statement into the meeting minutes, including the following:
• The nature and time of the disruption
• The restoration efforts undertaken
• The time the meeting was reconvened (if applicable)
• Any finding adopted pursuant to Section 7
9. Policy Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session, not on the consent calendar.
CITY OF SAN RAFAEL
POLICIES AND PROCEDURES
Multilingual Agendas & Participation Policy
1. Purpose
The purpose of this policy is to ensure that City Council meetings of the City of San Rafael are inclusive, accessible, and equitable by providing multilingual access to meeting agendas and participation opportunities. This policy supports compliance with the Ralph M. Brown Act (Government Code § 54950 et seq.) as amended by SB 707 (Durazo), which requires eligible legislative bodies to translate city council meeting agendas into applicable languages and engage in outreach to ensure meaningful public participation beginning July 1, 2026.
It also reflects the City’s commitment to advancing language access consistent with federal civil rights law (Title VI of the Civil Rights Act of 1964) and California Government Code § 7290– 7299.8 (the Dymally-Alatorre Bilingual Services Act).
2. Scope
This policy applies to all City staff that prepare, post, or distribute city council meeting agendas and materials for city council meetings. It also applies to public outreach and engagement activities associated with these meetings.
3. Definitions
• Applicable Languages: Languages spoken by 20% or more of the residents in the City’s jurisdiction who speak English less than “very well,” as determined by U.S. Census data or more recent demographic information.
• Agenda: The legally required notice of a public meeting under the Brown Act, including time, location, and a description of each item of business. • Language Access Services: Services provided to ensure meaningful participation for individuals with limited English proficiency, including translation of written materials and interpretation of spoken language.
4. Policy
4.1 Translation of Agendas
• All regular and special meeting agendas for the City Council must be translated into all applicable languages as defined above.
Subject: Multilingual Agendas & Participation
Policy
Resolution No.
Issue Date:
Revision Date:
Prepared By Lindsay Lara, City Clerk
Approved By: City Council
Multilingual Agendas & Participation Policy
• Translated agendas must include the same information as the English version, including meeting details, item descriptions, and participation instructions. • Translated agendas must be posted and made available at the same time as the English version, following Brown Act noticing requirements (generally at least 72 hours before a regular meeting and 24 hours before a special meeting). • If last-minute changes to the agenda occur, the City will make reasonable efforts to update translations but must always ensure the agenda complies with Brown Act posting requirements.
• There shall be available a 24/7 bulletin board for members of the community to post their own translations of City Council agendas. The City is not responsible for the contents of those agendas and will not monitor for accuracy. • Board, commission and committee agendas may be translated upon request only and will make every effort to translate the agenda. Requests for translation must be submitted 48 hours prior to the public meeting.
4.2 Outreach and Notification
• The City Clerk’s office must engage in outreach to limited English proficiency communities to encourage participation in public meetings. • Outreach may include sharing translated agendas via email lists, community-based organizations, social media, and the City’s website.
• Meeting notices should include a statement that interpretation services are available upon request, and instructions on how to request them.
4.3 Interpretation Services
• When a language spoken by 20% or more of residents is identified, the City will make reasonable efforts to provide oral interpretation services during public meetings upon request.
• Requests for interpretation services should be submitted at least 48 hours before the meeting whenever possible.
• The City will also strive to offer real-time interpretation (simultaneous or consecutive) for public meetings and hearings when significant community interest is anticipated. • To the extent there is a conflict between the English version, and a translated version, the English version shall prevail.
4.4 Responsibilities for Staff and Departments
• The City Clerk’s Office is responsible for identifying applicable languages annually, coordinating translation/interpretation services, and ensuring compliance with posting and noticing requirements.
• Staff liaisons supporting boards, commissions, and committees shall notify the City Clerk’s office of requests for translation and submit documents to an interpreter in advance to allow sufficient time for translation. Staff liaisons will request interpretation services to ensure meetings have interpretation upon request.
Multilingual Agendas & Participation Policy
5. Accessibility and Equity Considerations
• In addition to compliance with language thresholds, staff should consider community context and provide translation and interpretation beyond the minimum requirements when necessary for meaningful participation.
• The City will review demographic data annually to ensure that language services reflect current community needs.
• Materials beyond the agenda (such as staff reports) may also be translated for highimpact meetings or topics of significant community interest.
6. Documentation and Recordkeeping
• Translated agendas and materials must be maintained in the City’s records management system consistent with the City’s Records Retention Schedule.
7. Training and Compliance
• The City Clerk’s Office will provide training for staff liaisons on multilingual requirements, translation/interpretation procedures, and how to work effectively with interpreters.
• Compliance with this policy will be monitored by the City Clerk’s Office and reported periodically to the City Manager.
7. Policy Review
This policy will be reviewed periodically by the City Clerk’s Office, in coordination with the City Attorney’s Office, to ensure continued compliance with state law and best practices in language access.
Reference Materials:
• Multilingual Agendas & Participation - Staff Checklist • Guide to Managing Interpretation on Zoom Webinar
CITY OF SAN RAFAEL
POLICIES AND PROCEDURES
Disruptive Behavior in Public Meetings Policy
1. Purpose
The purpose of this policy is to establish clear, lawful, and consistent procedures for preventing and responding to disruptive behavior during public meetings conducted under the Ralph M. Brown Act. It is essential that the City balance its duty to maintain order and ensure public access with its obligation to protect free speech and public participation rights under the First Amendment and the Brown Act.
2. Scope
This policy applies to all legislative bodies of the City of San Rafael, including the City Council and all boards, commissions, and committees, as well as City staff, contractors, and moderators involved in administering public meetings, whether conducted via teleconference or in-person.
3. Definitions
• Zoom bombing: Unauthorized or disruptive behavior during a hybrid public meeting, including offensive language, hate speech, obscene images, spamming, or coordinated interruptions intended to derail or prevent the meeting from proceeding. • Disruptive behavior: Conduct, whether in person or online, that actually disrupts the orderly conduct of a public meeting, including speaking out of turn, refusing to yield the floor, or preventing others from speaking.
• Protected speech: Expression protected under the First Amendment, including criticism of the government or elected officials, even if offensive or unpopular. Protected speech cannot be censored or silenced unless it crosses into unlawful or disruptive behavior.
4. Policy Statement
It is the policy of the City of San Rafael to foster public participation and protect freedom of expression during all public meetings while also ensuring meetings proceed in an orderly, safe, and lawful manner.
Disruptive conduct, whether occurring in person or online, may be addressed by the presiding officer or meeting host using the procedures outlined in this policy.
5. Meeting Management Strategies
City staff should proactively implement the following measures before each meeting, whether in-person or hybrid:
• Use Webinar settings: Zoom Webinar offers greater control over participant audio and video than standard meetings including:
o Disable screen sharing for attendees: Only hosts, co-hosts, and panelists should have screen-sharing privileges.
Subject: Disruptive Behavior in Public Meetings
Policy
Resolution No.
Issue Date:
Revision Date:
Prepared By Lindsay Lara, City Clerk
Approved By: City Council
Disruptive Behavior in Public Meetings Policy
o Remove chat features: Disable private chat and restrict public chat if not required for meeting function.
• Set clear expectations at the start: Read a short statement on meeting decorum and consequences of disruption.
Sample decorum statement:
“This is a public meeting of the City of San Rafael. Everyone is welcome to participate. The statements made by individuals during participation do not represent the City’s position.
Disruptive behavior that prevents others from speaking or interferes with the orderly conduct of this meeting will not be tolerated. Individuals engaging in such behavior may be removed from the meeting.”
6. Procedures During a Disruptive Incident (including Zoom Bombing)
6.1 Step 1 – Assess the Behavior
• Determine whether the conduct is protected speech (e.g., strong criticism of city policies or officials) or actual disruption (e.g., shouting over speakers, displaying obscene images, spamming audio).
• If the speech is merely offensive but not preventing the meeting from proceeding, it shall not be censored.
6.2 Step 2 – Issue a Verbal Warning
• The presiding officer should interrupt briefly to issue a warning:
• “We welcome all viewpoints, but behavior that disrupts the meeting is not permitted. Please stop or you may be removed.”
• Give the participant an opportunity to correct their behavior.
6.3 Step 3 – Remove the Participant (if disruption continues) • If the behavior continues and materially disrupts the meeting, the host may remove the participant from the virtual meeting, or an officer may remove a participant from the in-person meeting.
• Note the name, display name, or other identifying details of the removed participant for the meeting record.
6.4 Step 4 – Recess or Suspend the Meeting (if needed)
• If disruption is widespread or coordinated and cannot be controlled quickly, the presiding officer may recess the meeting.
• During recess, staff should:
o Lock the meeting and remove disruptive participants.
o Enable additional security settings (e.g., tighter admission controls). o Consult the City Attorney if needed.
o Resume the meeting once order is restored.
7. Special Considerations for Free Speech
The City is committed to protecting the constitutional right of free speech, even when that speech is critical, offensive, or unpopular. However, the First Amendment does not protect all speech, and certain types of speech — including true threats, incitement to imminent violence, or obscenity — may be restricted or lead to removal if they disrupt the meeting or violate the law.
Disruptive Behavior in Public Meetings Policy
7.1 Distinguishing Protected Speech from Disruptive Behavior • Protected Speech: Criticism of City policies, decisions, staff, or officials is protected, even if it includes profanity, insults, or offensive language.
• Disruptive Behavior: Speech or actions that prevent the legislative body from conducting its business (e.g., yelling over speakers, refusing to yield the floor, spamming the chat) may lead to removal after a warning.
• Unprotected Speech: Speech that constitutes a true threat of violence, incites imminent lawless action, or meets the legal definition of obscenity is not protected and should result in immediate removal and possible law enforcement notification.
7.2 Hate Speech Considerations
“Hate speech” meaning speech that demeans or targets people based on race, ethnicity, religion, gender, sexual orientation, or similar protected characteristics, is often deeply offensive but is generally protected under the First Amendment if it does not cross into unlawful conduct.
Because of this, hate speech alone is not a lawful reason to remove a speaker from a public meeting unless:
• It becomes disruptive and prevents the meeting from proceeding in an orderly manner. • It includes true threats or incites imminent violence against a specific individual or group. • It involves obscene content that is not protected under the First Amendment.
When faced with hate speech that is protected but offensive, the presiding officer should allow the comment to continue and maintain decorum, even if the speech is distasteful. However, if the behavior escalates to disruption, for example, repeated shouting, refusal to stop speaking after a time limit, or making credible threats, the presiding officer may follow the steps outlined in Section 6, including issuing a warning and, if necessary, removal.
8. Documentation and Follow-Up
After any incident, staff should document:
• The date, time, and meeting body involved
• A brief description of the incident and how it was addressed • Names or identifying information of any participants removed • Any actions taken to secure the meeting or prevent recurrence This documentation should be included in the official meeting file and retained in accordance with the City’s Records Retention Schedule.
9. Roles and Responsibilities
• Presiding Officer: Maintains order during the meeting, issues warnings, and decides when to recess or adjourn.
• Host or Co-Host (City Clerk): Implements technical controls, removes disruptive participants, and documents incidents.
• City Clerk’s Office: Provides training on meeting security settings, decorum procedures, and documentation requirements.
• City Attorney: Advises on free speech considerations and potential legal risks related to removal or censorship.
Disruptive Behavior in Public Meetings Policy
10. Policy Review
This policy will be reviewed annually by the City Clerk’s Office, in coordination with the City Attorney and Digital Services and Open Government, and updated as needed to reflect changes in technology, law, and best practices.
Reference Materials:
Quick Decision Checklist for Disruptive Behavior
Remote Access Disruption Policy
Checklist
1. Detection of Disruption
☐ Confirm that remote public participation is not functioning ☐ Determine scope of issue
☐ Audio failure
☐ Video failure
☐ Platform outage
☐ Public cannot comment or access meeting
☐ Confirm disruption affects two-way participation (not livestream)
2. Immediate Response
☐ Mayor announces disruption to the public
☐ Clearly state: “Remote access is disrupted. Meeting will recess now, ___ p.m., to attempt restoration.”
☐ Pause discussion and recess the meeting
3. Start the Clock
☐ Begin timing disruption period
☐ Note time disruption began
☐ Confirm maximum one hour recess window
4. Good Faith Efforts to Restore Service
☐ IT and staff begin troubleshooting
☐ Restart platform or meeting
☐ Check internet connection
☐ Reset audio and video equipment
☐ Switch to backup devices or systems
☐ Attempt alternate access methods (phone line, new link) ☐ Contact technical support if needed
Keep internal communication active between:
☐ City Clerk
☐ IT staff
☐ City Attorney
☐ Mayor
5. During Recess
☐ Determine if closed session may proceed (only if agendized, heard earlier and continued to after the Regular Meeting. Public comment must have already been taken.) Do not resume open session until:
☐ Service is restored OR
☐ One hour has elapsed
☐ Continue monitoring restoration progress
6. If Service is Restored
Confirm public can:
☐ Hear the meeting
☐ Participate via commenting
☐ Announce restoration
☐ Resume meeting normally
☐ Document disruption and resolution
7. If Service is NOT Restored After One Hour
☐ Consult with City Attorney and Clerk
☐ Mayor determines next step
Option A: Adjourn Meeting
☐ Motion to adjourn
☐ Continue items to future meeting
Matrix — Adjourn the Meeting
IF this applies → THEN adjourn
High public interest item (public hearing, controversial issue)
→ Adjourn and continue
item
Significant number of expected speakers cannot
participate
→ Adjourn
Legal risk is high → Adjourn
Technical issue is ongoing and unpredictable → Adjourn
Option B: Continue Meeting
☐ Make formal finding by roll call vote:
☐ Good faith efforts were made
☐ Public interest in continuing outweighs remote access ☐ Clearly announce decision to continue
Matrix — Continue Meeting without Remote Participation
IF this applies → THEN continue
Good faith efforts to restore access were made → Required finding Agenda items are time sensitive → Proceed may be appropriate Limited public interest or no speakers present → Proceed may be appropriate Delay would significantly impact City operations → Proceed may be appropriate “At this time, remote access has not been restored. Staff has made good faith efforts to restore service. The Council will now consider whether to continue the meeting or adjourn.” “I move that the City Council find that good faith efforts have been made to restore remote public access, and that the public interest in continuing the meeting outweighs the public interest in remote participation, and to proceed with the meeting.”
8. Managing Agenda Items During Disruption
Consider whether to:
☐ Continue all items
☐ Continue only time sensitive items
☐ Defer public hearing items
☐ Pause high interest items
☐ Ensure decisions are made with legal guidance
9. Documentation Requirements
Record in minutes:
☐ Time and nature of disruption
☐ Actions taken to restore service
☐ Length of recess
☐ Whether meeting resumed or adjourned
☐ Any formal findings adopted
10. Post-Meeting Follow Up
☐ Staff debrief
☐ Identify cause of disruption
☐ Update procedures if needed
☐ Retain documentation per retention schedule
Quick “In the Moment” Summary
If remote access fails:
1. Announce it
2. Recess the meeting
3. Try to fix it for up to one hour
4. If fixed → resume
5. If not fixed → adjourn OR vote to continue
Multilingual Agendas &
Participation: Staff Checklist
This checklist is designed to help staff prepare and manage multilingual agendas and language access services for public meetings. Follow these steps to ensure compliance with state law and support inclusive community participation.
1. Draft Agendas – Plan Ahead for Translation
Submit your draft agenda to the City Clerk’s Office at least 4–5 business days before the meeting. • This ensures there is enough time to complete Spanish translations. • Agendas must include all required meeting details and item descriptions before translation begins.
• Last-minute changes should be avoided. If unavoidable, notify the City Clerk’s Office immediately.
2. Translation Requirements
All agendas must be translated into Spanish.
• The translated version must include the same information as the English agenda. • Translated agendas must be posted and distributed at the same time as the English version. • Post translated agendas on the City website, distribute to community partners, and include them in regular outreach channels.
3. Public Outreach and Notices
Use multiple outreach methods to share translated agendas and encourage participation. • Email lists and newsletters
• Social media posts
• Partnerships with community organizations
• City website and online calendar
Always include a language access statement on your notices and agendas, for example:
• “Spanish interpretation services are available. Please contact the City Clerk’s Office at [email protected] at least 72 hours before the meeting to request an interpreter.”
4. Interpretation Services – Requests and
Coordination
The City provides oral interpretation services in Spanish upon request.
Multilingual Agendas & Participation: Staff Checklist
• Requests must be received at least 72 hours before the meeting. • Late requests will be accommodated when possible, but cannot be guaranteed. • Notify the City Clerk’s Office immediately if you anticipate high public interest so additional support can be arranged.
5. During the Meeting
Ensure interpretation equipment (if applicable) is set up and tested before the meeting starts.
Staff liaisons should coordinate with interpreters on timing, speaking pace, and comment procedures.
Clearly explain to attendees how they can request interpretation assistance during the meeting.
6. After the Meeting
Save translated agendas and documentation of interpretation services provided in your department’s records repository.
Retain these records according to the City’s Records Retention Schedule.
Tip: When in doubt, consult the City Clerk’s Office early in the process. We are here to help ensure every resident has the opportunity to understand and participate in their local government.
Staff Liaison Guide:
Managing Interpretation on Zoom Webinar
This guide is designed to help staff liaisons confidently manage language interpretation during public meetings held on Zoom Webinar. Providing real-time interpretation is an important part of our commitment to accessible, inclusive public participation — and a key requirement under state law starting July 1, 2026 (SB 707).
1. Before the Meeting - Preparation is Everything
Schedule all Zoom Webinars in Preparation for Interpretation • All boards, commissions and committees use a Zoom Webinars (not a regular meeting) for Brown Act meetings. Make sure to enable interpretation features on all Webinars. • When creating all Webinars, ensure “Language Interpretation” is enabled under “Advanced Options.” – even if interpretation wasn’t requested. This helps us stay agile to late requests. • Add your personal email here to accommodate late requests for interpreting, and the large number of interpreters we may use.
• Make sure ‘Practice Session’ is selected. This enables staff to testing in a contained environment not visible by the public.
Confirm Interpretation Needs Early
• Interpretation must be offered if Spanish interpretation is requested at least 72 hours in advance of the meeting – but staff is required to attempt to obtain interpretation regardless of the deadline.
• The City Clerk’s office will notify you if a request for Spanish interpretation was received and provide you with the interpretation company to secure an interpreter. • When securing interpretation, secure two interpreters to interpret the meeting in either consecutive or simultaneous interpretation.
• Notify the interpreter of the meeting time, date, duration, and topic as soon as possible. • Once you have your interpreter, invite them as a Panelist to the meeting in Zoom.
Provide the Interpreter with Materials in Advance
• Send a copy of the agenda and any key terms or acronyms they may encounter. • If there are presentations or staff reports, send them ahead of time so they can review the content.
Prepare Your Team
• Coordinate with the meeting chair to remind speakers to pause periodically and speak clearly for accurate interpretation.
• Ensure a colleague is available as backup support if needed.
2. Testing the Webinar – 30 Minutes Before the
Meeting
Start the Practice Session Webinar Early
• Begin the practice session 20–30 minutes before the meeting so you have time to set up interpretation and troubleshoot.
Assign Roles
In the Practice Session environment, you can have another staff member join the meeting to test the interpretation function (they need a Panelist invitation to attend during a Practice Session). If everything is working well, you can assign the interpreter to the interpretation function (globe icon). • Interpreter: Assign them as the interpreter and select the interpretation language (e.g., English ↔ Spanish).
• Host or Co-Host: Must be a City staff member (often the liaison). Only hosts can assign interpreters.
• Panelists: Staff, presenters, and board members.
• Attendees: Members of the public.
Test Interpretation Channels
• Ask the interpreter to begin a short test translation. • As host, click the � “Interpretation” globe icon and ensure the Spanish and English channels are functioning.
• Join the Spanish channel briefly to confirm sound quality and clarity.
Once everything is running smoothly and you’re a couple minutes from the meeting start time, you can select ‘Start the Webinar’.
3. During the Meeting – Running Interpretation
Smoothly
Announce Interpretation at the Start
When opening the meeting, say something like:
“Spanish interpretation is available for this meeting. To listen in Spanish, click the globe icon at the bottom of your screen and select ‘Spanish.’ To return to English, click ‘English.’” If using a script, repeat this in both languages (or have the interpreter repeat it in Spanish).
Monitor the Interpretation Channel
• Keep an eye on the interpreter’s connection. If they drop off, pause the meeting briefly and reassign them when they return.
• If participants report audio issues, verify that interpretation is still enabled and channels are active.
Remind Speakers to Speak Clearly and Slowly
• Ask presenters and board members to avoid talking over one another. • Pause between agenda items to allow interpreters to complete translation.
Manage Public Comment
• If a Spanish speaker provides public comment, they should be able to provide a full 2-minutes of public comment prior to the comments being consecutively interpreted into English. • Treat virtual and in-person commenters equally in terms of time limits and decorum.
4. If Interpretation Is Disrupted
Sometimes disruptions happen - here’s how to respond:
• Interpreter Disconnects: Pause the meeting and attempt to reconnect them. If reconnection is not possible, continue the meeting without interpretation. • Public Cannot Access Interpretation: Pause the meeting until the problem is resolved. If reconnection is not possible, continue the meeting without interpretation. • Platform Glitch: End the webinar and restart it if necessary. Notify attendees in both languages about what’s happening.
5. After the Meeting – Follow-Up and Recordkeeping
Save and Retain Materials
• If the meeting is recorded, ensure the recording is stored according to the City’s Records Retention Schedule.
• Retain documentation of interpretation requests, interpreter contact info, and any related correspondence.
Provide Feedback
• After the meeting, follow up with the interpreter to discuss any technical issues or suggestions. • Share lessons learned with the City Clerk’s Office to improve future meetings.
Pro Tips for Successful Interpretation
• Keep your agenda and presentations clear and jargon-free. Simpler language makes for smoother interpretation.
• Always test audio quality with the interpreter before attendees join. • Encourage presenters to pause between major points to allow interpreters to keep up.
Questions or Support
For questions about scheduling, interpretation setup, or troubleshooting, contact [email protected]
Quick Decision Checklist for Disruptive
Behavior
Use the following questions in order when assessing whether a speaker’s words or actions warrant removal:
1. Is the speaker addressing a topic within the meeting’s jurisdiction or public comment period?
• �� Yes: Proceed to Question 2.
• � No: You may remind them to stay on topic and, if they refuse, issue a warning. Continued refusal may justify removal for disruption.
2. Is the speech simply offensive, critical, or hateful, but not preventing the meeting from continuing?
• �� Yes: The speech is likely protected under the First Amendment. It cannot be censored or removed solely because of its content.
• � No: Proceed to Question 3.
3. Is the speech actively disrupting the meeting (e.g., shouting over speakers, refusing to yield)?
• �� Yes: Issue a verbal warning. If disruption continues, you may remove the speaker. Document the incident.
• � No: Proceed to Question 4.
4. Does the speech include unprotected content, such as:
• A true threat (credible threat of violence toward a person or group) • Incitement to imminent violence or illegal activity
• Obscene content that meets the legal standard for obscenity • �� Yes: You may immediately remove the speaker and notify law enforcement if appropriate. • � No: The speech is still protected, even if hateful. Allow them to continue if they are within their time limit and not disruptive.
5. Has the speaker been warned and continued to engage in disruptive conduct? • �� Yes: You may remove them to restore order.
• � No: Continue monitoring. If they comply with meeting rules, no action is needed.
Note: Check settings and make sure once you remove an attendee, they may re-enter for future meetings.
Key Principle: Always base decisions on the conduct of the speaker, not the content of their message, unless the content itself crosses into unprotected speech like threats, incitement, or obscenity.