City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: August 19, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Resolution No. 2024-54 Adopting a Public Meeting Decorum Policy
RECOMMENDATION
It is recommended that the City Council consider and adopt Resolution No. 2024-54, A Resolution of the City Council of the City of Gonzales adopting a Public Meeting Decorum Policy.
BACKGROUND
Government Code Section 54954.3, a provision of the Brown Act (Gov. Code Section 54950 et seq.), provides that unless an exception applies, every agenda for regular and special meetings of the City Council and other legislative bodies of the city must provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body.
Section 54954.3 allows the City Council to adopt reasonable regulations to ensure public participation, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
The Brown Act provides that the City Council is not allowed to prohibit public criticism of the policies, procedures, programs, or services of the agency, or the acts or omissions of the legislative body.
However, the Brown Act does not confer any privilege or protection for expression beyond that otherwise provided by the law. In other words, the Brown Act’s right to provide comment does not provide protection or immunity from claims of slander, threats and other forms of speech that may result in civil or criminal actions.
Government Code Section 54957.9 confers a legislative body with the right to clear a meeting room of members of the public in the event any meeting is willfully interrupted by a group or groups of persons so AGENDA
ITEM
19 as to render the orderly conduct of such meeting unfeasible and where order cannot be restored by the removal of the individuals who are willfully interrupting the meeting. Under such circumstances, only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, are allowed to attend such a cleared session. The City Council is allowed to establish a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
In response to a series of shocking, offensive and disruptive interruptions of meetings of legislative bodies throughout the Country and State, both in person and via virtual participation platforms commencing in 2022, the legislature adopted Government Code Section 54957.95, which became effective on January 1, 2023. Section 54957.95 provides that, in addition to the provisions of Sections 54954.3 and 54957.9 as stated above, the Mayor or official presiding over or conducting a meeting, or their designee, may remove or cause the removal of an individual for behavior disrupting a meeting.
Under this law, prior to removing an individual, the presiding member or their designee must first warn the individual that their behavior is disrupting the meeting and that their failure to cease such behavior may result in their removal. The presiding member or their designee may then remove the in dividual if they do not promptly cease their disruptive behavior. This limitation does not prevent immediate removal of a person or persons making a “true threat of force” as defined in the statute.
REVIEW AND ANALYSIS
The Mayor, as presiding officer of the City Council, has discretion to control the conduct of a meeting, balancing the public’s free speech rights with the Council’s ability to consider and deliberate without being interrupted by disruptive behavior. A City Council meeting is a limited public forum, and as such, the Council is allowed to impose reasonable limitations on speech so as to permit the Council to conduct business. Consistent with this, the Brown Act allows both the establishment of reasonable regulations to ensure public participation and the means to deal with disruptive conduct.
Currently, City Code Section 1.20.020, Rules and Regulations for Conducting Meetings, provides some general rules concerning the decorum of both the council and persons attending meetings. Additional guidance on parliamentary issues is provided by Robert’s Rules of Order. However, existing Code language concerning public decorum lacks accurate specificity in terms of the appropriate means by which to address meeting disturbances and was codified prior to the time that Government Code Section 54957.95 was adopted.
Earlier in the year, the City Council provided staff with direction to prepare a comprehensive set of new Council policies and procedures for conducting meetings, one of which was to address the issue of public meeting decorum. While staff is still working on the preparation of a set of “Council Policies and Procedures”, there appears to be an immediate need to adopt a policy on disruptive meeting conduct. It is anticipated that this policy will be incorporated into the larger “Policy and Procedure” document when it is brought forward for Council consideration.
In light of the foregoing, staff has prepared a new Public Meeting Decorum Policy (“Policy”) for Council consideration. Under the terms of the Policy, any person who engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting (or any other meeting of a City legislative body) may be removed from the meeting at the direction of the Mayor, presiding officer or majority of the legislative body. Examples of disruptive behavior include:
1. Speaking without being recognized by the Presiding Officer.
2. Continuing to speak after the allotted time has expired.
3. Speaking on an item at a time not designated for discussion by the public of that item.
4. Throwing objects.
5. Interrupting a person who is speaking to the City Council during such person’s allotted time.
6. Preventing a person from speaking to the City Council during such time as is allocated for comments from the public.
7. Uttering loud, threatening, or abusive language that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.
8. Clapping, whistling, stomping feet, and sign waving that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.
The Policy provides several enforcement options, including providing the offending party with a warning before removal where practicable, taking a short recess, clearing the room of all speakers, and removing the person from the meeting as necessary. The Policy would also allow the Council, presiding officer or majority of the Council to order the Sergeant-at-arms (the Police Chief or his designee) to remove a party refusing to exit a meeting. Finally, the Policy identifies conduct and behavior that would be considered unlawful and subject to criminal prosecution, including but not limited to the provisions of Penal Code 403.
While the City welcomes and encourages public participation at its meetings, a certain level of decorum must be maintained at such gatherings in order to ensure that business can be properly conducted and to facilitate the meaningful exchange of opinions in a civil, safe environment. Staff believes that the proposed Policy addresses Council, staff and citizen concerns regarding meeting decorum and recommends adoption.
Adoption of the Policy is not considered a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378) because it will not result or in or cause a direct or foreseeable indirect physical change on or in the environment.
Explain Recommendation and How it Supports the Vision.
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: An established set of meeting rules of decorum will assist the City in ensuring that City business necessary to maintain the City vision can be conducted in an orderly manner while still encouraging and facilitating desired public input.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____No ____NA
Explain: See above.
City services will be delivered in a cost-effective, respectful and friendly manner to ensure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. Yes ___No X NA Explain: NA.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety Yes ____ No X NA
• Housing Yes ____ No X NA
• Recreation Yes ____ No X NA
• Environment Yes ____ No X NA
• Education Yes ____ No X NA
Explain: NA.
ALTERNATIVES
• Adopt Resolution No. approving a Public Meeting Decorum Policy. • Do not adopt Resolution No. 2024-54 and provide Staff with direction.
BUDGET IMPACT
There is no direct financial impact associated with adoption of the proposed Public Meeting Decorum Policy.
CONCLUSION
It is recommended that the City Council consider and adopt Resolution No. 2024-54, A Resolution of the City Council of the City of Gonzales adopting a Public Meeting Decorum Policy.
PUBLIC NOTICE
None required.
Attachments:
1. Resolution No. 2024-54