City Council Policy C-11: Speaker Time Limits and Decorum Policy Council Request Policy
City of Manteca – City Council Policy and Procedure
Section 1: PURPOSE
This policy is set out to encourage well-organized, consistent, and respectful comments, interactions, and presentations; to ensure the right to public comment in a fair, objective, and efficient manner; and to set out the City Council approved time limits on public comments, applicant/appellant statements, and rebuttals. In addition, this policy shall set out the rules of decorum vis-à-vis these matters.
Section 2: TIME LIMITS AND PROCEDURE
2.1 Public Comment: The following time limits and rules will be strictly enforced by the City Council and/or City staff as set out herein, in order to ensure equal opportunity and equal treatment of all speakers:
A. Any public comment speaker on any item/segment (be it general public comment on an item not on the agenda; on a discussion item; presentation; a public hearing; an appeal; an informational item; and/or an item pulled from consent), shall be limited to three (3) minutes of public comment time. The City Clerk’s Office shall be responsible for managing the time limits for all speakers. At the expiration of three minutes, a buzzer and light shall indicate the end of the period. The Mayor shall then inform the speaker that they have fifteen (15) seconds to wrap up their comment. If the Mayor does not do so, any other member of the City Council and/or City staff present may also make this reminder.
B. A public comment speaker may only speak once on any
item/segment of the meeting be it general public comment on an item not on the agenda; on a discussion item; presentation; public hearing; an appeal; an informational item; and/or an item pulled from consent.
For instance, they may only speak once on a specific discussion item.
However, while a speaker may be able to speak only once on Discussion Item “A”, they may also speak on Public Hearing “B” or in the general public comment period, etc.
C. Once a public comment speaker leaves the dais (and/or ends the communication), the speaker may not return to speak on that specific item/segment. To be clear, a speaker may not speak on an item in counterparts nor may a speaker receive time from another speaker or additional time from the City Council. In addition, no councilmember may call on a member of the public to provide additional comments once the communication ends.
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City Council Policy C-11: Speaker Time Limits and Decorum Policy Council Request Policy
City of Manteca – City Council Policy and Procedure
D. If a public comment is interrupted by a member of the City Council, City staff, or member of the audience, the City Clerk’s Office shall stop the timer in order to ensure the member of the public is entitled to their allotted time without interruption.
E. A majority of the City Council (by motion) may elect to increase the time limit by an additional one (1) minute on an item/segment, or decrease the time limit by one (1) minute on an item/segment; provided, however, such a decision must be made by a motion of the City Council prior to the beginning of the segment – i.e., once public comment has begun on an item/segment, the City Council shall not adjust the time limit. All public comment speakers, regardless of whether or not a minute is added to or taken away from the public comment period, shall be afforded the same amount of time to speak.
The fifteen (15) second rule noted above in (A) shall apply to any additions and/or subtractions discussed herein.
F. On closed session items, all public comment speakers shall have only three (3) minutes to speak on all items, regardless of the number of items on the closed session agenda. For example, if a closed session agenda includes four (4) items, a public comment speaker may address all four (4) items, however, the speaker may only speak once for up to three (3) minutes. During their lone three (3) minute segment, they can speak only on closed session items.
2.2 Applicants/Appellants: The following time limits will be strictly enforced by the City Council and/or City staff as set out herein:
A. An applicant and/or appellant on a project, development, appeal, and/or related/similar matter, shall be entitled to address the City Council for up to five (5) minutes, right after a City staff presentation/introduction. Any public comment on the matter shall take place after the City staff presentation and after the applicant/appellant speak. After public comment is concluded, the applicant/appellant shall receive five (5) minutes of rebuttal time.
Upon the request of the applicant/appellant, and approval by motion of the majority of the City Council, the applicant/appellant may receive an additional five (5) minutes of rebuttal time. The City Council may direct questions on such matters to both City staff and the applicant/appellant at any juncture, and without impacting the time limits of the applicant/appellant.
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City Council Policy C-11: Speaker Time Limits and Decorum Policy Council Request Policy
City of Manteca – City Council Policy and Procedure
Section 3: DECORUM
Consistent with Senate Bill 1100 passed by the State Legislature in 2022, starting on January 1, 2023, the Brown Act is amended to address disruptions at public local government meetings. Moving forward, consistent with SB 1100, the City of Manteca adopts the following policy:
The Mayor and/or any Councilmember shall:
(1) Warn the individual that their behavior is disrupting the meeting and their failure to cease their behavior may result in removal. (2) Order the removal of the individual if they do not “promptly” cease their disruptive behavior.
Consistent with SB 1100, the originals policies concerning decorum at Council meetings (set out below) shall remain in effect.
3.1 Civility: City of Manteca elected officials and staff, consistent with the City’s Civility Policy, will treat members of the public with respect and expect the same in return. The City is committed to maintaining orderly administrative processes in keeping City Council meetings and City operations in general free from disruptions. This section of the policy is intended to promote mutual respect, civility, and orderly conduct among City staff, elected officials, and the public.
3.2 Interactions: All interactions between City staff, elected officials, and members of the public shall be conducted in a respectful manner. With that in mind, the following rules shall govern interaction between the groups noted above while at City Council meetings:
A. Threats, including threats of violence, shall not be tolerated; B. All City Council meeting attendees shall refrain from behavior that disrupts or threatens to disrupt City government operations. This includes, but is not limited to harassment and/or intimidation of City staff, elected officials, or members of the public; the willful destruction of public property; and conduct that threatens to provoke a violent reaction or disrupts the Council meeting;
C. If a sign, placard, banner, and/or other similar item disturbs, disrupts, or other otherwise impedes the orderly conduct of a City Council meeting, it shall not be permitted; and
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City Council Policy C-11: Speaker Time Limits and Decorum Policy Council Request Policy
City of Manteca – City Council Policy and Procedure
D. No person attending the meeting shall engage in disorderly or boisterous conduct, including, but not limited to applause, whistling, stamping of feet, booing, or other loud noises.
Section 4: MISCELLANEOUS
A. This policy shall not apply retroactively.
B. This policy shall become effective immediately following a majority vote by the City Council, and shall replace City Council Policy C-1 (adopted on July 3, 2006) in its entirety.
C. This policy shall be referenced in publicized City Council agendas and select provisions of this policy shall appear in publicized City Council agendas.
D. If there is a conflict between this policy and any Brown Act and/or Municipal Code provision, the Brown Act and/or Municipal Code provision shall control.
E. This policy shall apply to other commissions and Brown Act appointed bodies of the City as to the time limits and procedure concerning public comment (Sections 2 and Section 3) and decorum.
Adopted:
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