RESOLUTION NO. 2024-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
ADOPTING A PUBLIC MEETING DECORUM POLICY
WHEREAS, many cities throughout the nation and in the State of California have adopted policies and rules to establish decorum and enhance civility at public meetings; and WHEREAS, Government Code Sections 54954.3, 54957.9 and 54957.95 provide that the City Council may adopt reasonable regulations concerning public input at public meetings, including limitations on the time allocated for public testimony, the type of conduct that may be considered as disruptive of meeting proceedings, and procedures that provide for removal of persons whose behavior is disrupting a meeting; and
WHEREAS, the City of Gonzales has a strong commitment to the democratic process, individual rights of expression, robust debate, and tolerance for disparate views, with such expression and debate conducted in a civil manner; and
WHEREAS, the City Council of the City of Gonzales, and the City’s boards and commissions, often conduct meetings at which consideration of controversial issues may engender passionate and often conflicting opinions; and WHEREAS, intentional behavior designed to disrupt a meeting, impropriety, incivility, and disrespect at these public meetings can stifle participation and debate, threaten the quality of decisions, and undermine the democratic process; and
WHEREAS, numerous cities throughout the country, including cities in Monterey County, have experienced recent problems with “hate speech” and other types of disruptive conduct, and the City of Gonzales has recently experienced an uptick in public conduct that has been disruptive to Council business; and
WHEREAS, adopting rules of decorum and civility applicable to all public meetings will ensure that civic engagement and local democracy continues unabated in Gonzales; and WHEREAS, appropriate and reasonable rules of decorum and civility will enable the Mayor and/or presiding officer to conduct an orderly meeting, while respecting participation of the Public; and
WHEREAS, Staff has prepared a “Public Meeting Decorum Policy” incorporating the provisions of applicable law on said topic for Council consideration; and WHEREAS, the proposed Public Meeting Decorum Policy is meant to supplement existing law and Council rules and policies and provide clear guidance on dealing with disruptive conduct, and is not meant to supplant existing law, policies and rules.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gonzales hereby adopts a “Public Meeting Decorum Policy,” a copy of which is attached hereto as Exhibit A and by this reference incorporated herein.
PASSED AND ADOPTED by the City Council of the City of Gonzales at a regular public meeting thereof held on the 19th day of August, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
______________________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
___________________________________
Mary Villegas, Deputy City Clerk
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Gonzales City Council
Public Meeting Decorum Policy
Section 1. Purpose and Application.
The City intends to facilitate public participation and the free exchange of ideas during public meetings. The purpose of this City of Gonzales Public Meeting Decorum Policy (“Decorum Policy”) is to is to promote mutual respect, civility, and orderly conduct in all public meetings.
The Decorum Policy is not intended to deprive any person of their rights to public participation under applicable law.
This Policy shall apply to any public meeting of the City Council, any commission, committee, board or other public body of the City.
Section 2. General Provisions.
The procedures described in this Policy are not exclusive, and shall not preclude other rights, remedies, and procedures authorized by federal, state, or local law. A breach of this Policy shall in no event be construed to invalidate any act taken by the City Council, commission, board or other public body holding the meeting at which a violation occurred, or to otherwise limit the authority of the Mayor or other presiding officer, the majority of the City Council, the City Attorney, or their designees.
Section 3. Conduct at Public Meetings.
(a) Any person who engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the Mayor, or the presiding officer or their designee (“Presiding Officer”), or a majority of the City Council, be barred from further audience before the City Council during that meeting. (b) Examples of disruptive behavior. Examples of behavior that can actually disrupt, disturb, or otherwise impede the orderly conduct of a City Council meeting include, but are not limited to, the following:
(i) Speaking without being recognized by the Presiding Officer. (ii) Continuing to speak after the allotted time has expired. (iii) Speaking on an item at a time not designated for discussion by the public of that item.
(iv) Throwing objects.
(v) Interrupting a person who is speaking to the City Council during such person's allotted time.
(vi) Preventing a person from speaking to the City Council during such time as is allocated for comments from the public.
EXHIBIT A
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(vii) Uttering loud, threatening, or abusive language that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. (viii) Clapping, whistling, stomping feet, and sign waving that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting.
Section 4. Enforcement. The rules of conduct for City Council meetings set forth in this Policy shall be enforced in the following manner:
(a) Warning. Whenever practicable the Presiding Officer, or a majority of the City Council, shall give a warning to a person whose behavior is actually disrupting, disturbing or otherwise impeding the orderly conduct of a public meeting. The warning shall identify the disruptive behavior and the manner in which the person must comply and inform them that failure to cease the disruptive behavior may result in their removal. A warning shall not be necessary when it would not be effective due to extraordinary circumstances. Examples of extraordinary circumstances in which no warning is required include, but are not limited to, behavior that constitutes use of force or a true threat of force. (b) Recess. If, after receiving a request from the Presiding Officer or majority of the Council, the person persists in violating this Policy, the Presiding Officer may order a recess. Any representative of law enforcement who is present at the meeting when the violation occurs shall be authorized to warn the person that their conduct is violating the Policy, that they are requested to cease such conduct, and that failure to cease the behavior may result in their removal from the meeting.
(c) Order barring person from meeting. The Presiding Officer, or a majority of the City Council, may issue an order barring a person or group of persons from the remainder of a public meeting following a warning pursuant to Section 4(a). The Presiding Officer may order the removal of a person or group without a warning, pursuant to Section 4(a) and without ordering a recess pursuant to Section 4(b) where the person’s or group’s behavior constitutes a use of force or true threat of force.
(d) Removal. If a person or group barred from the remainder of a public meeting does not voluntarily exit the meeting chambers or other location where the Council or other governmental body is meeting, the Presiding Officer, or a City Council majority, may direct the Sergeant-at-arms to remove that person or group from the meeting chambers and exclude them for the remainder of that meeting.
(e) Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to disrupt, disturb or otherwise impede the orderly conduct of such meeting and order cannot be restored by the removal of the individual or individuals who are willfully interrupting the meeting, the legislative body may order that the meeting room be cleared and the meeting shall continue in session. The motion to clear the room shall be by a vote of not less than three members of the legislative body in favor. 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 4865-7638-4466 v1
disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9.
Section 5. Unlawful behavior. The following conduct shall be unlawful:
(a) Engaging in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a public meeting after receiving a warning at that meeting from the Presiding Officer.
(b) Refusing to leave the meeting chambers after being barred for the remainder of the public meeting by the Presiding Officer, or a City Council majority. (c) Returning to the meeting chambers before the conclusion of a public meeting after being barred for the remainder of that meeting by the Presiding Officer or a City Council majority.
(d) Substantially impairing the conduct of a public meeting by knowingly and intentionally violating these Rules of Decorum pursuant to Penal Code Section 403.
Section 6. Sergeant-at-arms. The Police Chief, or such members of the Police Department as he or she may designate, shall attend each City Council meeting and shall be the Sergeant-at-arms of the City Council (or other City body) unless otherwise directed by the City Manager. The Sergeant-at-arms shall carry out all lawful orders given by the Presiding Officer or a majority of the City Council for the purpose of maintaining order at City Council meetings.
The Sergeant-at-arms shall have the authority and power to enforce the orders of the Presiding Officer, or a majority of the City Council relating to the order and conduct of City Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules of conduct and a majority vote of the Council shall require him or her to do so.