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HomeMy WebLinkAboutCC 07-07-2026 Item No. 13. 2026 Civil Grand Jury Report Convenience vs. Compliance_Staff PresentationCC - 07-07-2026 #13 2026 Civil Grand Jury Report Convenience vs. Compliance Presentation 2025-2026 Santa Clara County Civil Grand Jury Response of City of Cupertino to Civil Grand Jury Report Floy Andrews, Interim City Attorney July 7, 2026 Background •Report entitled “Convenience vs. Compliance: Brown Act risks in Cupertino’s meeting practices” •Released May 4, 2026 •City’s response due within 90 days of the report’s release •With Council’s recess in August, City should respond in July Response Required to Findings and Recommendations •Penal Code sections 933(b) and 933.05 require the City to respond to only the Civil Grand Jury’s Findings and Recommendations •Four Findings pertaining to the City’s teleconferencing practices •Six Recommendations regarding the same Suggested Overall Response •The City has already implemented certain corrective measures. •The City disagrees with several factual characterizations in the report. •The City nevertheless intends to strengthen its written procedures to promote continued compliance with the Brown Act. Suggested Responses to Finding 1 •Finding 1: City’s practice of ending a meeting when a teleconference location disconnects creates problems. Suggested Response: City updated this process in January 2026 to address these issues. •Recommendation 1a: City should not end a meeting when a teleconference location disconnects. Suggested Response: City implemented this change before the Civil Grand Jury issued its report. Suggested Responses •Recommendation 1b: Teleconferencing is optional so City should consider whether it is consistent with its responsibilities to constituents. Suggested Response: City’s objective has been to facilitate public and council participation. City will consider the recommendation. •Recommendation 1c: City should ensure that access from a teleconference location is maintained for the meeting’s duration. Suggested Response: City cannot guarantee that disruptions will not occur but will update its Council Procedures Manual to address this recommendation Suggested Responses to Finding 2 •Finding 2: City’s current process does not promote accountability with the Brown Act. Suggested Response: City is not aware of any judicial determination that would indicate that its practices violate the Brown Act. •Recommendation 2: City should adopt formal teleconferencing procedures to ensure compliance with the Brown Act. Suggested Response: City will adopt formal written teleconferencing procedures. Suggested Responses to Finding 3 •Finding 3: City’s practice of permitting tele- conference locations that are not accessible is inconsistent with the purpose of the Brown Act. Suggested Response:The City does not believe this reflects the City’s practice. •Recommendation 3: City should provide written guidance regarding appropriate teleconferencing locations. Suggested Response: City will adopt more formal procedures. Suggested Responses to Finding 4 •Finding 4: City’s practice of terminating a council meeting when a councilmember disconnects prioritizes councilmember convenience over public participation. •Suggested Response:The practice is designed to protect public participation. •Recommendation 4: City should amend the Council Procedures Manual to provide written guidance regarding quorum requirements and that teleconferencing is discretionary. •Suggested Response: The City disagrees with the characterization but will adopt more formal procedures. Future City Actions Prior to December 15, 2026, the City will undertake the following: •Consider whether it should continue allowing remote participation. •Update its Council Procedures Manual to require that teleconference locations are maintained for the meeting’s duration. •Update its Council Procedures Manual to include formal teleconference procedures to ensure compliance with the Brown Act. •Adopt written guidance regarding appropriate teleconferencing locations. Thank you