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HomeMy WebLinkAbout2026-05-19; Technology DisruptionsPolicy No. 102 Date Issued May 19, 2026 Resolution No. 2026-095 Subject: Technology Disruptions 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 of Carlsbad City Council, as required by Section 54953.4 of the Ralph M. Brown Act, or the Brown Act (Cal. Gov. Code, §§ 54950-54963). The policy ensures transparency, public participation, and continuity of government during technology disruptions. 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. Statement of policy 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. Terms defined in the Brown Act or Carlsbad Municipal Code Chapter 1.20 have the same meaning when used in this policy. 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 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. Procedure Procedures in the Event of a Service Disruption Response to Service Disruption If the Presiding Officer or City Clerk becomes aware of a disruption to the city’s remote access services that prevents members of the public from attending or observing the meeting remotely: 1.The Presiding Officer or City Clerk shall immediately announce the disruption to the public. Attachment A May 19, 2026 Item #3 Page 67 of 73 Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96 City Council Policy Statement May 19, 2026 Page 2 2.The Presiding Officer shall then call for a recess of the open session while efforts are made to restore service. If a closed session is scheduled or is otherwise allowable under the Brown Act, the City Council may meet in closed session during this time. 3.Staff shall begin efforts to diagnose and restore the disrupted service. 4.The open session shall remain in recess for at least one hour or until service is restored, whichever occurs earlier. The recess period may be extended if restoration efforts are ongoing. Efforts to Restore Service The city 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 City staff shall document the restoration efforts undertaken. Reconvening the Open Session 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. 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. If Service is Not Restored If service has not been restored after one hour, the City Council may reconvene and: 1.Adjourn the meeting; or 2.Continue the meeting in open session by first having the City Manager or a designee briefly describe the efforts made to restore service and the remaining items on the meeting agenda and then adopting, by roll call vote, the following, or a substantially similar, finding: “The City of Carlsbad has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuingthe meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the City Council may continue the open session despite the fact that remote access service has not been restored. May 19, 2026 Item #3 Page 68 of 73 Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96 City Council Policy Statement May 19, 2026 Page 3 Recordkeeping 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 or adjourned, as applicable •Any finding adopted pursuant to the “If Service is Not Restored” section 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. May 19, 2026 Item #3 Page 69 of 73 Docusign Envelope ID: 9E3A17C8-89A2-8656-829D-8F48EDF5AE96