REGULATIONS
FOR THE
ORDERLY
CONDUCT OF
PUBLIC MEETINGS
December 5, 2023
APPLICABLE LAW:
ADDRESSING THE LEGISLATIVE BODY
Brown Act: GC 54954.3
• Right to address the legislative body at public
meeting
• May limit time allocated for public comment
• Must allow twice the allotted time for
someone using non-simultaneous translation
• Cannot prohibit criticism of policies,
procedures, programs, or services, or the acts
or omissions of the Council
Other State and Federal Laws
• Can regulate time, place, and manner of
speech
• Can limit comment to issues under jurisdiction
of the legislative body
• Can limit speaker time to allow a body to
complete the agenda within a reasonable
period of time
• Balance public right to address Council with need to complete agenda within a reasonable amount of time
• Consent Calendar:
• up to three minutes to speak to any or all items
• discussion of item does not remove from consent calendar • Agenda Items (not on consent calendar)
• up to two minutes to speak concerning the agenda item • must speak to the scope of the item under consideration • General Public Comment (non-agenda items):
• up to two minutes to speak to non-agenda item under Council jurisdiction • 20 minutes of General Public Comment near beginning of meeting and remainder trailed to later in the meeting
• Provides twice the allotted time for those using non-simultaneous translation
• Other: may not yield time; group and visual presentations are only permitted by project applicants and appellants on land use and adjudicatory matters
• Provides discretion for presiding officer to adjust provisions as appropriate
PROPOSED
AMENDMENTS
TO
CHULA VISTA
MUNICIPAL
CODE
A P P L I CAB LE L AW :
D I S O R D E R LY CO N D U C T AT
P U B L I C M E E TI N G S
• Federal case
• Must prohibit actual disruption of the
meeting vs. content of speech
Acosta v. City of Costa Mesa
• State provision effective this year
• Authorizes removal of a disruptive
individual from a public meeting
• Requires a warning first in most cases
• Defines disruptive conduct
Brown Act: GC 54957.95
• Brings Chula Vista provisions into alignment with
applicable law
• Prohibits disorderly behavior that actually disrupts, disturbs, or impedes the orderly conduct of any
meeting
• Provides examples of disorderly behavior, such as:
• Speaking out of turn, continuing to speak after time
expires, or speaking on an issue not within the
jurisdiction of Council
• Throwing objects or behavior that constitutes a use of force or true threat of force
• Explains process for enforcement of rules of conduct
PROPOSED
AMENDMENTS
TO
CHULA VISTA
MUNICIPAL
CODE
COMPARISON OF PUBLIC PARTICIPATION RULES
AND SPEAKER TIMES
Chula Vista (proposed), County of San Diego, City of San Diego
Chula Vista (proposed) County of SD City of SD
Non-Consent Items
(action, public hearing, etc.)
2 minutes 2 minutes
• if more than 10 speakers,
chair may reduce to 1
min
3 minutes
• in addition to time
ceded by persons
present
Consent Items 3 minutes for entire
group of consent items
2 minutes for entire
group of consent items
1 minute per item, up to
3 minutes
Non-Agenda Items
(general public comment)
2 minutes
• 20 minutes scheduled
near beginning,
additional time near
end if needed
2 minutes
• 20 minutes scheduled
near beginning,
additional time near end
if needed
2 minutes
• ceding time not allowed
• if 8+ speakers on a
single issue, maximum
time for issue is 16 min
Group Presentations 15 minutes for project
applicants or
appellants on land use
and adjudicatory
matters
Up to 10 minutes for
project applicants or
appellants on land use
matters to make a group
presentation of 3 or
more people
• No more than 4 minutes
per person in group
15 minutes or less for
groups of 5 or more
8-10 minutes per side
for quasi-judicial items
• If more than one group
is on the same side,
time divided
Chula Vista (proposed) County of SD City of SD
Visual Presentations Only on land use and
adjudicatory matters
by the project
applicant or appellant
• paper handouts from
anyone on any item
will be accepted,
distributed, and added
to the record
Must bring own
computer/tablet and
equipment to connect or
provide clerk with
presentation 24 hours
prior to meeting
Must come to meeting
30 minutes early and
bring visual presentation
on thumb drive or email
to review and test
before meeting
Ceding/Yielding Time Not allowed Not allowed Allowed on agenda items, but not on
general public comment
Timing of Submitting
Request to Speak
Before close of
commenting period for
item
Before meeting starts
(general public
comment) or before start
of comment for item
Before close of
commenting period on
item
Chula Vista (proposed) County of SD City of SD
Miscellaneous • Mayor has discretion to
modify any provisions,
subject to right of any
Councilmember to
appeal to Council
• Signs and visuals may
be held if they don’t
block the view of
others or otherwise
interfere with conduct
of meeting
• Adds rules and
procedure for
disorderly conduct
• Chair has discretion to
modify time limits and
number of speakers
• Signs, flags, or other large
objects designed to
interrupt or disrupt the
conduct of meeting are
prohibited
• Provides rules and
procedure for disorderly
conduct
• Provides procedure for
addressing discriminatory
or harassing remarks
• Council President has
discretion to modify
time limits and
number of speakers
• Provides rules and
procedure for
disorderly conduct
RECOMMENDED ACTION
• Staff recommends Council place the proposed ordinance on first reading Staff is available for questions