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HomeMy WebLinkAboutRes 2026-014RESOLUTION NO. 2026-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A REMOTE ACCESS SERVICE DISRUPTION POLICY FOR BROWN ACT MEETINGS WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) requires that meetings of legislative bodies of local agencies be open and public; and WHEREAS, Senate Bill 707 amended the Brown Act to require an eligible legislative body, on or before July 1, 2026, to approve at a noticed public meeting in open session a policy regarding disruption of telephonic or internet services occurring during meetings subject to those provisions; and WHEREAS, the City Council desires to adopt a clear and practical policy governing disruption of remote access services during Brown Act meetings and to apply that policy citywide to the City Council and all Brown Act bodies of the City of Palm Desert; and WHEREAS, the policy attached as Exhibit A establishes the City’s procedures for responding to disruption of remote access services during an open and public meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, does hereby resolve as follows: SECTION 1. Adoption. The City Council hereby adopts the Remote Access Service Disruption Policy attached as Exhibit A and incorporated by this reference. SECTION 2. Citywide Application. The policy shall apply to the City Council and to all boards, commissions, committees, task forces, and other legislative bodies of the City that are subject to the Ralph M. Brown Act. SECTION 3. Administration. The City Clerk shall administer the policy in coordination with City staff responsible for meeting technology and public meeting support. SECTION 4. Effective Date. This Resolution shall take effect immediately upon adoption. Docusign Envelope ID: F16ED5EB-AE97-88E2-806F-EA2BD2650079 Resolution No. 2026-014 Page 2 ADOPTED ON APRIL 23, 2026. __________________________ EVAN TRUBEE MAYOR __________________________ ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2026-014 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on April 23, 2026, by the following vote: AYES: HARNIK, MORENO, NESTANDE, PRADETTO, AND TRUBEE NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________. ANTHONY J. MEJIA CITY CLERK Docusign Envelope ID: F16ED5EB-AE97-88E2-806F-EA2BD2650079 5/8/2026 Resolution No. 2026-014 Page 3 Exhibit A CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject Remote Access Service Disruption Policy for Brown Act Meetings Policy No. CLRK-005 Date Issued: Amended: N/A Approved by Resolution No. 2026-014 Authored by City Clerk Department I. Purpose This policy establishes the City’s procedures for responding to disruption of telephonic or internet-based remote access services during an open and public meeting held under the Ralph M. Brown Act. II. Applicability This policy applies to the City Council and all boards, commissions, committees, task forces, and other legislative bodies of the City that are subject to the Brown Act. III. Definitions Remote access services means the telephonic and internet-based services designated by the City for the public to remotely observe a meeting, remotely provide public comment, or both. Disruption means a failure, interruption, or loss of remote access services that prevents the public from using the designated remote access method provided for the meeting to do either of the following, as applicable: 1. Remotely observe the open session meeting. 2. Remotely provide public comment when public comment is being received. A disruption does not include the failure of a supplemental, duplicate, or one-way stream if the public can still use the designated remote access method for the meeting to remotely observe the meeting and remotely provide public comment when public commen t is being received. Docusign Envelope ID: F16ED5EB-AE97-88E2-806F-EA2BD2650079 Resolution No. 2026-014 Page 4 IV. Required Response to Disruption If a disruption occurs during an open session meeting, the Presiding Officer shall announce the disruption and recess the open session. Upon recess, City staff shall immediately investigate the disruption and attempt to restore the designated remote access method for the meeting. The open session shall remain recessed for at least one hour from the time the disruption is announced unless the designated remote access method for the meeting is restored sooner. During the recess, the legislative body may meet in closed session only if closed session is otherwise authorized by law. VI. Required Action After One Hour If the designated remote access method for the meeting is restored within one hour, the legislative body may reconvene the open session and continue the meeting. If the designated remote access method for the meeting is not restored after one hour, the legislative body shall do one of the following: 1. Adjourn the meeting. 2. Extend the recess. 3. Continue the meeting by roll-call vote after making both of the following findings: a. The legislative body made the good-faith effort required by law to restore remote access services. b. The public interest in continuing the meeting outweighs the public interest in restoring remote access services before the meeting continues. VII. Roles The Presiding Officer shall announce the disruption, call the recess, and announce the action taken when the meeting reconvenes. The City Clerk or designee shall record the time the disruption is announced, track the duration of the recess, and report the restoration efforts and status of the designated remote access method before the legislative body decides whether to continue or adjourn. City staff responsible for meeting technology shall investigate the cause of the disruption and take the steps necessary to restore the designated remote access method for the meeting. Docusign Envelope ID: F16ED5EB-AE97-88E2-806F-EA2BD2650079 Resolution No. 2026-014 Page 5 VIII. Record of the Disruption The meeting minutes shall state: 1. The time the disruption was announced. 2. Whether the disruption affected remote observation, remote public comment, or both. 3. The designated remote access method used for the meeting. 4. The time the recess began and ended. 5. The restoration efforts reported to the legislative body. 6. Whether the designated remote access method was restored. 7. Any findings adopted by roll-call vote. 8. Whether the meeting was adjourned, recessed further, or continued. IX. Policy Interpretation This policy shall be interpreted consistent with the Ralph M. Brown Act and any amendments to governing law. Docusign Envelope ID: F16ED5EB-AE97-88E2-806F-EA2BD2650079