Item No. 2
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: JUNE 5, 2024
SUBJECT: AMENDMENTS TO PUBLIC COMMENT TIME
RECOMMENDATION
It is recommended that the Council review and discuss changes to the City Council Policy Handbook and Agenda language related to Public Comment time.
BACKGROUND
Recently, the public comment period has been utilized by members of the public using the opportunity for public comment to share information and opinion often unrelated to Town subjectmatter jurisdiction. In addition, some have loosely connected their public comments to the Town by asking the Council to adopt a resolution, ordinance, or proclamation in support of their opinion.
In both cases, the comments provided related to items that were not on the Council agenda. The Council asked that staff provide a recommendation regarding management of public comment.
ANALYSIS
There are three (3) policy documents used by the Town to prescribe policy related to the provision of public comments at a Council meeting – the City Council Handbook, Rules of Procedure, and Agenda.
Section 6.13 of the City Council Handbook reads as follows:
6.13 Public Comments
Persons wishing to address the Council on any matter within the jurisdiction of the Town and not on the posted agenda are invited to do so during the Public Comment portion of the meeting. This period is limited three minutes per person. The Council is not able to undertake extended discussion of or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. (Emphasis added) Section 4.2 of the City Council Rules of Procedure reads as follows:
Consideration of Speaker Time for Public Comments
JUNE 5, 2024
4.2 Public Comments
During Public Comments at a regular meeting, any person may address the Council, provided that the item (1) is of interest to the public and is within the subject-matter jurisdiction of the Council; and (2) is not otherwise on the agenda. Public Comments at special meetings shall be confined to the items for consideration on the agenda.
The restriction to items for consideration on the agenda for special meetings is a provision within the Brown Act.
The posted agenda for public comments reads as follows (for regular meetings):
This portion of the meeting is reserved for persons wishing to address the Council on any matter not on the Agenda that is within the subject matter jurisdiction of the City Council. State law prohibits the Council from acting on items not listed on the Agenda except by special action of the City Council under specified circumstances. Speakers’ time is limited to three minutes.
Additionally, the public may address the Council on any subject listed on the Consent and Regular Agenda. (Emphasis added)
Council Authority
The courts interpret the right to public comment broadly with respect to what is considered of public interest and subject-matter jurisdiction of the Town. However, the Council can place reasonable time restrictions on public comment as well as enforce rules of decorum. This includes limits on individual speaker time as well as total time permitted for public comment. In doing so, the regulations must be enforced fairly and without regard to a speakers’ viewpoint.
The Council also has the discretion to modify its regulations regarding time limits if necessary.
For example, the time limits could be shortened to accommodate a lengthy agenda or lengthened to allow additional time for discussion on a complicated matter. When doing so, such changes must be applied fairly and should be done at the beginning of the agenda item or meeting. The Council cannot, for example, limit one speaker to three minutes and allow another to speak for five when speaking to the same item or during public open time.
The Council can generally limit public comment for items on the agenda to three minutes and public comment for items not on the agenda to two minutes. Keep in mind, however, that monitoring the time will fall to the City Clerk and there will be a technology setup period for the countdown clock to be reset for two minutes versus three minutes between speakers.
Recommended Changes
For general policy changes, staff recommends that the specific times be stated on the agenda versus in the underlying policy and that Policy 6.13 and Policy 4.2 be revised to read identically as follows:
At Regular Meetings, persons wishing to address the Council on any non-agendized item that is within the subject-matter jurisdiction of the Town may do so during the Consideration of Speaker Time for Public Comments
JUNE 5, 2024
Public Comment portion of the meeting. At Special Meetings, public comments are limited to agendized items. The posted agenda prescribes the time limits for public comment. The Council is not able to undertake extended discussion of or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda.
For the posted agenda, staff recommends that the Council consider the following:
The Public Comment portion of the meeting is reserved for persons wishing to address the Council on matters listed on the posted agenda as well as any matter not on the posted agenda that is within the subject matter jurisdiction of the City Council. State law prohibits the Council from acting on items not listed on the posted agenda except by special action of the City Council under specified circumstances. Speaker time for items not on the posted agenda is limited to two minutes. Speaker time for items on the agenda is limited to three minutes. The Mayor may, at their discretion, restrict or grant additional speaker time based on such considerations as agenda length, volume of speakers, complexity of the item, or looming threat of loss of quorum. Please refer to the footnote at the end of the posted agenda for additional notice regarding public comments.
The footnote at the end of the posted agenda reads:
The Town of Atherton Council and Committee or Commission meetings are a limited public forum, and all public comments must relate to something that is within the subject matter jurisdiction of the Council or Committees. If comments do not relate to the subject matter jurisdiction of the Council or Committee, the Town reserves the right to stop the comment and a warning may be provided. If the comment continues to be outside of the subject matter jurisdiction the speaker will be stopped, and we will move on to the next speaker.
Additional verbiage could be added to the footnote, if desired, and could include:
Rules of Decorum – No person participating in a public meeting shall engage in disorderly or boisterous conduct — including but not limited to applause, whistling, feet stamping, booing or making any loud, threatening, profane, abusive, personal, impertinent or slanderous uttering or comments. No person is allowed to disturb, disrupt, or otherwise impede the orderly conduct of the meeting.
If any person continues to breach the Rules of Decorum in a manner that disturbs, disrupts or otherwise impedes the orderly conduct of the meeting following an order from the Mayor, or Presiding Officer, to cease the offending conduct, the Mayor, or Presiding Officer, may order that person to leave the meeting.
Staff recommends that the Council discuss the preceding and provide staff with direction. Any changes that require incorporation into the City Council Handbook or Rules of Procedure will be incorporated and the Handbook/Rules will be returned to the Council for review and adoption at a future meeting. Presently, the July 3 Study Session is slated as an opportunity for annual review of the Handbook and Rules of Procedure.
Consideration of Speaker Time for Public Comments
JUNE 5, 2024
Changes to posted agendas will be made immediately.
FISCAL IMPACT
None.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area E – Strengthen Community Engagement and Transparency
POLICY FOCUS
Council Policy Focus is on public engagement via public comment and maintaining meeting rules and decorum.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
None.