City Attorney
Presentation
BROWN ACT PROVISIONS
TO MANAGE MEETING
DISRUPTIONS
SB 1100
Sen. Dave Cortese
Government Code § 54957.95
Effective 1/1/2023
• Presiding officers or their designees may remove, or
cause the removal of, individuals who are
“disrupting” a public meeting.
• Behavior must actually disrupt, disturb, or impede an orderly meeting.
• May include failing to comply with the body’s
reasonable and lawful rules.
• Individual must first be warned that they are
disrupting and that failure to cease may result in
removal….
• …unless the individual uses force or credibly
threatens force, in which case no warning is needed.
Legal parameters:
• Courts have recognized that individuals may be removed for actually disturbing a meeting – i.e. impeding the
meeting’s progress and the conduct of business.
• Malicious destruction of property, assault, and
credible threats of violence are all crimes.
• California Penal Code § 403 makes it a misdemeanor to willfully disturb a lawful public meeting.
Charter Section 410 (B)
The City Council may establish rules for the conduct of its proceedings and evict or prosecute any Member or other
person for disorderly conduct at any meeting. Such
disorderly conduct at any meeting shall constitute a
misdemeanor.
Practical Application
• No one may speak unless recognized by the Mayor.
• If someone speaks without being recognized, the Mayor declares them out of order and issues warning.
• If conduct becomes disruptive, the Mayor must warn that the disrupter will be subject to removal.
• If disruption persists, the Mayor may order the person or persons be removed. • If the entire chambers becomes disruptive, Council may adjourn to another room and finish the meeting. Any members of the press must be allowed into the room, but the public may be barred.