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Newark council adopts meeting-disruption policy under SB 707 requiring remote-access restoration efforts
Summary
The council unanimously approved a new meeting-disruption policy to implement Senate Bill 707, requiring staff to attempt service restoration for up to one hour during remote-access failures and allowing the council to continue only after finding good-faith restoration efforts have occurred.
The Newark City Council on June 11 adopted a meeting-disruption policy required by Senate Bill 707 that sets steps the city must take if telephonic or audiovisual public access fails.
City Attorney Chris Cocatello told the council the policy requires staff to recess the open meeting and make good-faith efforts to restore remote participation for up to one hour; if restoration fails, the council may either continue without remote access after a roll-call finding that restoration efforts occurred or reschedule the business. The policy also permits the council to go into closed session while open-session remote access is being restored.
The measure implements state changes to Brown Act procedures that take effect July 1. Cocatello described a disruption as an interruption that prevents observation or remote public comment — for example, a sustained drop in audio or video that prevents people from following proceedings — and outlined staff steps for testing systems in advance and documenting restoration attempts.
Vice Mayor Jorgens asked whether a continued meeting would use the same agenda and whether a special meeting could be used instead; Cocatello said either approach is allowed and the council could continue the meeting to a date certain or add the remaining items to the next regular meeting agenda. Council Member Gindoll pressed for a clear definition of what constitutes a system “failure”; Cocatello clarified that intermittent poor audio is not necessarily a failure, but a drop or outage that prevents public observation or comment is.
Several council members emphasized that the rules will be a learning process. Council discussion also covered practical monitoring: the city plans to use an audiovisual platform (Zoom) for remote participation and the city clerk will track who is connected. Council members noted they can later amend the policy if needed following further experience.
The council voted unanimously to adopt the policy. The adopted resolution and associated procedures will be implemented in time for the law's July 1 effective date.
The city clerk will record any disruption and the restoration attempts in the meeting minutes; the council retains the procedural authority to reconsider items if members of the public are later determined to have been prevented from participating.
Next steps: staff will finalize technology checks and the city clerk will oversee remote participation procedures ahead of the July 1 effective date.
