sr-110910-8ac)®
City of City ~®(.~nClf ~\Gp®„
Santa 6ionica
City Council Meeting: November 9, 2010
Agenda Item: ~-~
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Revision to Council Rules Limiting Use of Well Area to Enhance
Security and Prohibiting Conduct That Blocks Audience View and
Cameras
Recommended Action
Staff recommends adoption of the attached resolution clarifying and amending the
Council Rules to prohibit conduct that blocks audience members' and television
cameras' view of the City Council and to prohibit persons from being present in the well
area except temporarily as part of their participation in a particular agenda item.
Executive Summary
The Council Rules currently require members of the public to sit in the seats provided in
the Council Chambers when they are not addressing the Council. In order to protect
security, the Chief of Police and City Attorney recommend that this rule be clarified and
reinforced by adoption of a prohibition against persons being present in the well area
except when they are, as part of an agenda item, addressing Council or participating in
a ceremony. Additionally, .staff recommends modifying the rules to prohibit blocking
audience and camera views of the City Council in order to ensure that members of the
public can fully exercise their right to witness the Council doing its work.
Background
At recent meetings, a member of the public has stationed himself in the well area of the
Council Chambers during Council meetings, rather than sitting in the area designated
for the audience. This raises the issue of anyone using the well area for seating. The
Police Chief has expressed security concerns about the well area being occupied on an
ongoing basis during meetings. The well is immediately adjacent to the dais. And there
is no exit from the Chambers readily available to Council members. These factors limit
the ability of police personnel to maintain security in the event of a .threat to Council
from the well area. Accordingly, the Chief asked legal staff to propose a change in
1
Council Rules to keep members of the public out of the well area except when they are
participating in a particular agenda item. Additionally, at recent meetings a large sign
has been held up, for long periods of time, blocking the audience and camera view of
the Council.
Discussion
The City is committed to facilitating full public participation in all public. meetings. And,
the City respects the First Amendment rights of all persons to express their views,
including their criticisms of their government. Thus, consistent with both the First
Amendment and the Brown Act, all persons may speak on any item on any Council
agenda; and, at regular meetings, any person may speak on any item not on the
agenda but within the Council's jurisdiction. And, many, many community members and
others exercise these rights. Indeed, the City is well known for its very long and highly
participatory Council meetings; and the testimony at every meeting includes a healthy
mix of comments, suggestions, requests and criticisms.
Along with fostering individual participation and considering diverse comments, the
Council must also ensure that security and order are maintained. Agendas tend to be
long, and the Council strives to complete them early enough in the evening that
members of the public, who need to arise for work or school the next morning, may
nonetheless participate. Thus, the Council strives to strike the best possible balance
between protecting the rights of individual members of the public and maintaining the
order and security necessary to fulfill its obligation to the public as a whole. The law
protects a Council's right to strike this balance by adopting and enforcing rules of order.
See, e. g., Government Code section 36813 ("The council may establish rules for the
conduct of its proceedings. It may punish a member or other person for disorderly
behavior at a meeting"; White v City of Norwalk, 900 F.2d 1421 (9th Cir.
1990)[explaining that council meetings area "limited public forum" and that a council
may, consistent with First Amendment rights, enforce rules of order and decorum in
order to avoid disruptions that interfere with its ability to do the public's work.]
2
The Council Rules currently require members of the public to sit in chairs provided in
the audience area when not addressing Council. Presumably this means that persons
using wheel chairs should situate their chairs in the audience seating area during
meetings, except when addressing Council or participating in a ceremony. However,
clarification of the existing rule is advisable so that everyone will understand it.
Clarifying the rule by prohibiting persons from being present in the well, except to
participate in an agenda item, will also address the Police Chief's security concerns.
Staff notes that these concerns do not relate to any particular person,. including the
person who has been occupying the well. Rather, his conduct raises. the issue for the
first time; and the rules must be formulated to apply to all. Thus, for the same reason
that members of the public cannot enter the well in a courtroom except to participate in
court proceedings, the Police Chief suggests that persons not participating in Council
proceedings should remain in the audience area, as indicated by the current rules.
In addition to promoting security, the attached rule changes are recommended in order
to protect the public's ability to witness the meeting. CityTV staff and others have
notified the Manager's Office that the sign being held up at recent meetings blocked
both camera and audience views of the Council. This has the effect of impairing the
public's ability to watch the meeting. Thus, staff is proposing a modification that would
prohibit all persons from blocking audience and camera views of the meeting.
The proposed changes in the rules would not impair the ability of any persons to fully
participate in Council meetings, express their views, or observe the Council from within
the Chambers. To the contrary, the prohibition against blocking views with signs or
otherwise would protect everyone's ability to observe the Council meeting. And,
prohibiting members of the public from stationing themselves within the well would not
affect their ability to address Council from the well as part of an agehda item or to
witness the meeting from the audience area.
3
Alternatives
Council could maintain the rules in their current form, which is not recommended, or
modify the language that staff is proposing.
Financial Impacts & Budget Actions
There are no direct financial impacts to adoption of the attached resolution. Insofar as
the proposed .changes help maintain order at meetings, they may diminish staff costs
associated with enforcement.
Prepared by: Marsha Jones Moutrie, City Attorney
roved:
Forwarded to Council:
~ ~~ ~.~
r
M r ha o es Mo tie Rod Gould
Ci y Att ey City Manager
Attachments:
A. Resolution Amending the Council Rules of Order and Procedure for the Conduct
of City Council Meetings and Repealing Resolution Number 10525(CCS)
4
Reference Resolution No.
10541 (CCS).