Title
Consider approving and adopting the:
a. County of Monterey Eligible Legislative Body policy relating to disruption of real-time, two-way communication pursuant to Government Code section 54953.4; and
b. Provide direction to staff as appropriate.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors approve and adopt the:
a. County of Monterey Eligible Legislative Body policy relating to disruption of real-time, two-way communication pursuant to Government Code section 54953.4; and
b. Provide direction to staff as appropriate.
SUMMARY:
Senate Bill 707, signed into law in October 2025 and known as the Brown Act Modernization Act, updated California's Ralph M. Brown Act (Gov. Code § 54950 et seq.) to modernize open meeting requirements and expand public access. This requires “Eligible Legislative Bodies” provide real-time, two-way communications to the public during meetings (with few exceptions). The law also requires the Board of Supervisors to adopt a policy to address disruptions to real-time, two-way communication on or before July 1, 2026.
The County of Monterey’s Board of Supervisors is the only Eligible Legislative Body known to exist in Monterey County. The law does not extend to the Board of Supervisor’ committees or commissions. The policy contains definitions and procedures.
DISCUSSION:
The general process to address disruptions to real-time, two-way communications requires the Clerk of the Board to notify the Chair of the disruption, and then for the meeting to temporarily halt while staff attempts to restore real-time, two-way communications. If the disruption is brief, then the meeting will continue as soon as practical. If the timeframe in which real-time, two-way will be restored is unknown, the Board may either adjourn to closed session, or adjourn entirely for some period of time.
If real-time, two-way communication is restored during adjournment, the meeting may proceed as soon as a quorum is established. If real-time, two-way communication is not restored within on hour, the Board may reconvene under certain conditions, specifically: if the Board takes a roll call vote determining the County has made sufficient efforts to restore real-time, two-way communications, and the public’s interest in proceeding outweighs the public benefit to provide real-time, two-way communications.
This item must be presented as a scheduled item.
The Clerk of the Board has a wealth of experience in conducting Zoom© meetings and staff is prepared for this change in the law.
OTHER AGENCY INVOLVEMENT/COMMITTEE ACTIONS:
The Office of County Counsel prepared this policy in conjunction of the Clerk of the Board.
FINANCING:
There is no known cost for implementing Eligible Legislative Body teleconferencing, aside from staff time to prepare this item.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
Attract, retain, and diversify Eligibility Subsidiary Body membership.
____ Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
____ Safe and Resilient Communities
____ Diverse and Thriving Economy
If does not fall under any of the above Board of Supervisors Strategic Plan Goals (Other):
_X_ Administrative: This item relates to statutory compliance and governance requirements under the Ralph M. Brown Act, as amended by Senate Bill 707.
Prepared by: Shane Eben Strong, Deputy County Counsel, Ext. 3558
Approved by: Kelly Donlon, Chief Assistant County Counsel, Ext. 5313
Attachments:
1. Draft Eligible Legislative Body Mandatory Policy