A&A: School Site Council tactics intimidate parents, public

Q: I am interested in a possible cause of action arising from events at a meeting of the high school Site Council, at which public comment was cut off by the chair.  The individual was repeatedly ruled “out of order.” The person was then ordered out of the meeting and, when he failed to comply, [...]

A&A: Supervisors multi-tasking during public comment

Q: During a hearing on a massive development project the several county supervisors walked around the room, talked on cell phones, or to each other or staff, worked on their computers and otherwise did not listen to any of the public testimony. This is particularly discouraging because this is a massive project with terrible impacts [...]

California: Galt school board caught in open meeting violation

An ex-school board member alleged that the Galt Joint Union Elementary School District board violated the Brown Act, California’s open meeting act by not allowing public comments while conducting public interviews to fill a vacant seat on the board. The board has agreed to repeat the meeting to satisfy the Brown Act. -db From the [...]

A&A:Public comment vs. speaking on agenda item

Q: I sit on a local municipal advisory committee and some time ago we added a standing item to our agendas entitled “Committee Reports” so that council members who sit on these committees or work groups can report out. There are four such reports listed at the end of our agenda. At the beginning of [...]

ACLU sues Orange County Supervisors for silencing public

The American Civil Liberties Union is suing the Orange County Board of Supervisors for their policies regulating controversial commentary at their public meetings. The suit came after the supervisors cut off a speaker who in their opinion had wrongly criticized Vietnamese immigrants. -db For the Voice of OC, September 9, 2011, by Tracy Wood. Full [...]

A&A: City Council allowing presentation not on the agenda

Q: At our last City Council meeting our mayor personally invited a federal government agent to speak during our public comment session, although this presentation was not on the agenda.  Our mayor allowed him to speak over the allowed three minute time period and  allowed City Council members to ask questions of this man, but [...]

California: District Attorney cuffs Novato City Council for open meeting violation

The Marin County District Attorney criticized the Novato City Council for deciding at the last minute to discuss an issue without informing the public. The issue concerned affordable housing, of great interest to the public. The council agreed to readdress the matter at a future meeting. -db From the Marin Independent Journal, August 16, 2011 [...]

California: Atascadero City Council stops responding to public during open comment session

The Atascadero City Council has decided without public notice or discussion to halt give-and-take during the public comment session of council meetings, says David Broadwater, a local activist. In an opinion piece in the Cal Coast News, Broadwater writes, “Previously, under the Brown Act, in response to questions and matters raised regarding non-agenda issues, the [...]

California: Grand Jury says Ridgecrest council violated open meeting law

After investigating a citizen’s complaint, the Kern County Grand Jury has concluded that the Ridgecrest City Council violated the Brown Act, California’s open meeting law at two meetings in December and when three council members discussed a city matter in January at a meeting at the Naval Air Weapons Station China Lake. In December the [...]

California: Santa Ana City Council commits possible open meeting violation

The Santa Ana City Council voted last week to settle a lawsuit concerning a housing project but in doing so may have violated the Brown Act, California’s open meeting law, since the public was not allowed to comment on the settlement. The council took the vote precipitously to accommodate a council member who had another [...]

California: Arcata design review member resigns after alleging open meeting violation

After alleging that the Arcata Planning Commission violated California’s open meeting law, the Brown Act, an Arcata design review commissioner resigned. Commissioner Marc Delaney said when he attempted to speak during the public comment session on an application to demolish a church building, the planning commission chair said it had already decided the issue in [...]

California: Santa Rosa County supervisors reject plea for public comments

Sonoma County supervisors  have rejected a request by opponent of an asphalt plant to reconsider their decision to not allow public comment during the final vote on the Petaluma project last year. The opponents said not allowing public comment violated the Brown Act, the state’s open meeting law. The county said no comment was required [...]

California: Oxnard public agency charged with violating open meeting law

The Ventura County District Attorney has concluded that the Economic Development Corporation (EDOC) of Oxnard violated the state open meeting law, the Brown Act, when it canceled a special meeting then reconvened it 20 minutes later. The DA’s office issued an order that the violation be corrected by rescheduling the meeting and revoting on the [...]

Opponents of an asphalt plant for Petaluma claim need for public comment before upcoming vote

The Sonoma County Board of Supervisors plan  to vote on a controversial asphalt plant to be built south of Petaluma without allowing the public to comment since they claim they have already allowed public comment on the proposal. -db The Santa Rosa Press Democrat December 14, 2010 By Brett Wilkison Opponents of the proposed Dutra [...]

A&A: Arrested for making public comments that “disturbed” council meeting

Q: I am a signatory of an initiative which qualified for the ballot, but which the city refused to forward to the county for inclusion on the ballot in violation of Elections Code. At the next city council meeting, during the public comment period, I was criticizing the council’s illegal refusal to forward the initiative [...]

Cable broadcasts of Compton City Council meetings to omit public comments

The Compton City Council has taken several steps regarding citizen participation in council meetings including removing public comments from local cable coverage of the meetings. -db Los Angeles Wave September 22, 2010 By Leiloni De Gruy COMPTON, Calif. — Seen by some residents as another attempt to silence their voices, the city council voted 3-1 [...]

Northern California: Citizens criticize Johnstonville School Board for shutting down public comment

The Johnstonville School Board drew criticism for restricting public comment that concerned the school administration when court decisions have upheld the right of the public to criticize school employees under California’s open meeting law, the Brown Act. -db Lassen County Times September 28, 2010 Parents and other concerned community stakeholders were given an opportunity to [...]

A&A: Bundling agenda action items silences public input

Q: I would like to question the legality of a new practice our school board school board to “bundle”  regular action items on the agenda. At the only regular board meeting of August 2010, after approving the consent calendar, the board approved the regular agenda items as presented. Their own by-laws state an agenda item [...]

A&A: The mayor refused to let me make a public comment without identifying myself

Q: Before filing a Brown Act violation against the mayor for denying me the opportunity to speak on an item before the city council because I refused to identify myself before making a public comment.  I would like to get an opinion from your organization on my complaint and the city’s response. A: You are [...]

A&A: Change in public comment policy limits speech

Q: Since January, the local Board Of Education has been systematically trying and often succeeding in suppressing or censoring public comments. For more years than I can count, the Board has provided a democratic, all be it cumbersome, method of accommodating the public’s right to speak on non-agendized items. Speakers were called in the order [...]

A&A: Public comment limited to three items on Water Quality Board agenda

Q: A draft National Pollutant Discharge Elimination System (NPDES) permit was submitted for comments. A final permit ignored most comments, but made three small changes. The first and only public hearing is coming up , but the agenda states that oral comments will be limited to the three changes. Thus, no important points can be [...]

A&A:Public comments on water rates closed, item still on agenda

Q: The current City Council Agenda contains the following item: “DISCUSSION AND POTENTIAL ACTION ITEMS. Introduce and Waive the First Reading of One of the Three Ordinances Relating to Establishing Rates for Water Service Fees.” Here is the problem. We are not being allowed to comment about this item at all, even though it has [...]

A&A: Public Comment on Public Contracts

Q: There is a case (which was cited by one of my City’s Attorneys) wherein negotiation of a public proposal (in my case a city-owned building to be sold and developed by a private developer–AND it is an official state historic resource) does not have to be revealed until the negotiations are complete, and if [...]

A&A: Elected Officials Right to Public Comment

Elected Officials Right to Public Comment Q: Can an elected official (City Councilperson) speak under Oral Communications and claim to do so as a resident? May that official verbally insult residents who have spoken without some consequence to himself? Is there any violation of the Brown Act? How can we the residents protect ourselves and [...]

A&A: Limiting Public Testimonies to New Issues

Limiting Public Testimonies to New Issues Q: During a recent City Council meeting the board Chairman told the individuals coming forward that when they are giving their testimonies they are to limit their comments to issue other than what has already been brought up by previous testimonies. My problem with this is that it appears [...]

A&A: Time allotted for speaking at public meeting

Time allotted for speaking at public meeting Q: Since the State take-over of the Oakland Public Schools, the State Administrator, Randolph Ward, has maintained the following rule for public comment. At a regular State Administrator and/or School Board Meeting, a member of the public is restricted to three minutes of public speech on all agenda [...]

A&A: Regulations on public comment

Regulations on public comment Q: Our City Council’s Law & Legislation Committee recently heard a proposal whereby the Chair (Vice Mayor), expressed her support for the measure, and restricted opposing testimony.  She allowed all those (dozen) in support to testify, and then limited opposition to 1 statement of 2 minutes.  All others who were signed [...]

A&A: Denying public comment

Denying public comment Q: Can a City Council deny public comment on an agendized item?  At the start of a Council meeting, the Mayor told the many people present they might speak on any item on the agenda when it came up. When under Administrative Items, there was an item reconsidering a certain program but [...]