SR-10-26-2013-8AID
i it r
City of
Santa monies
City Council Meeting: October 26, 2013
Agenda Item:
To: Mayor and City Council
From: Sarah Gorman, Director of Records and Election Services
Subject: Public Speaker Time
Recommended Action
Staff recommends that the City Council retain the current practice requiring public
speakers to speak on their own behalf, and not permitting donation of time from one
speaker to another.
Executive Summary
The City has an engaged public, who often comment on agenda items at Council
meetings. At the August 13, 2013 Council meeting, Council voted to permit speakers to
donate their time to other speakers. Council directed staff to raise this issue at the
upcoming Council retreat to discuss whether to make this change permanent. After
reviewing other cities' practices and practical issues this would raise, staff recommends
continuing the current practice of not permitting speakers to donate time.
Background
Santa Monica City Council meetings include lively public input. On larger items, it is not
uncommon for 50 — 75 members of the public to speak. Under the current Council
Rules, public speakers may speak for up to two minutes per agenda item, with consent
calendar considered one item. Moreover, one person may not speak for more than six
minutes total per meeting unless a majority of Council votes to give the person more
time.
At the August 13, 2013 Council meeting, Council voted to permit public speakers to
donate one of their two minutes to another designated speaker on one item only. The
donor would then give up their opportunity to speak. After the item was completed,
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Council directed staff to return to Council at the retreat to discuss the possibility of
permitting speakers to donate time at Council meetings in the future.
Discussion
Staff researched best practices regarding donation of time, and whether other cities
permit such donation. The research showed that donation of time is not generally
common, and when it is permitted, it is permitted at the Mayor's discretion. Attachment
1 is a list of cities that responded to a survey regarding donation of time. Benchmark
cities Beverly Hills, Pasadena, and West Hollywood do not permit donation of time,
although Berkeley and Culver City do.
Moreover, there are some practical issues with permitting donation of time between
speakers. In order to ensure that the designated speakers are truly representing
persons that are there at the meeting, each donor would need to be present at the time
of sign up. The donors and designated speakers would need to be organized and
present their cards together to the Clerk staff when checking in. When the designated
speaker was called up to speak at the podium, the Mayor would then need to ask for the
donors to raise their hands or otherwise indicate that they are still present. This is
feasible, but the act of asking for a show of hands, counting hands, and resolving the
issues of any missing people would take additional time. Speakers would not be
permitted to donate their time to additional speakers once testimony had begun, as this
reorganization would be difficult to manage from the dais.
The City's Planning Commission does permit limited donation of time between
speakers. The Planning Commission provides public speakers three minutes per item,
as a general rule. If a speaker chooses to donate his or her time, the donor loses all of
their time, and the designated speaker receives one extra minute. Each designated
speaker can have five additional minutes maximum, if five speakers donate their time to
that person.
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There are differences between the Planning Commission and City Council, however.
Planning Commission generally permits three minutes for speakers, while Council
provides two minutes. Planning Commission meetings usually have substantially fewer
public speakers than City Council meeting; they may generally have 15 — 25 speakers,
while Council meetings may have 50 — 75. The practical time delays and challenges
handling speakers that may be caused by permitting donation of time would be
magnified in Council meetings with dozens of speakers.
Finally, there are policy arguments to require each speaker to speak on their own behalf
at Council meetings. Allowing each person the same amount of time to speak gives
equal voice and access to everyone, regardless of their membership in neighborhood
groups, standing in the community, scope of relationships, allegiances, or alliances. It
may be fairer to provide everyone with the same level of access and voice, regardless
of who they are. This would mitigate the concern that there might otherwise be an
imbalance of power or influence.
Alternatives
Council could provide other alternatives to allow members of the public to express their
agreement with another speaker. For example, the Mayor could ask members of the
public to stand up or wave their hands silently if they agree with a speaker.
Alternatively, the Mayor could ask, before consideration of an item with many speakers,
for speakers in support of the action to stand up, and then ask for speakers opposing
the action to stand up. This would provide members of the public the opportunity to
have Council note their position and their presence, but the members of the public
would not need to stay the length of public comment in order to be heard.
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Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Sarah Gorman, City Clerk
Approved:
air Gorman
City Clerk
Attachment: Chart
Forwarded to Council:
0
Rod Gould
City Manager
Questionnaire Results Regarding
Donation of Public Speaking Time
Barstow
YES
10 mins allowed for a group spokesperson, but is rarely requested.
_ — _
Emeryville
NO
Speakers can only yield time to 1 other speaker and have no more
Berkeley
YES
than 4 mins.
Fort Bragg
NO
At Mayor's discretion, additional time may given to speakers
Fresno
NO
representing an established local organization /homeowners group
Beverly Hills
NO
if they identify the group on their speaker card.
Brea
NO
_.
Calabasas
NO
Calipatria
NO
At Mayor's discretion.
Carlsbad
YES
Only 3 donations per subject.
Chowchilla
YES
At Mayor's discretion.
Lancaster
NO
However, Municipal Code allows 30 min presentations for a group
Chula Vista
NO
spokesperson.
Livermore
NO
Clerk encourages large groups to choose 3-4 strong
Long Beach
NO
representatives and the remaining members raise their hands in `
Concord
NO
support at the conclusion of presentations.
Covina
NO
Monrovia
NO
Speakers may cede one minute of time to one other person who is
Culver City
YES
present by presenting a Speaker's Card to the City Clerk.
National City
NO
At Mayor's discretion and 10 mins allowed for a group
Cupertino
YES
spokesperson.
NO
Downey
YES
....
_ — _
Emeryville
NO
.... ..... .... ... .... ...... , ..,
Escalon
No
Fort Bragg
NO
Fresno
NO
Glendale
NO
Huntington Beach
NO
Inglewood
NO
La Mesa
YES
At Mayor's discretion.
May be allowed at Mayor's discretion and allows group
Lakewood
NO
spokesperson as much time as needed.
Lancaster
NO
Lemoore
NO
Livermore
NO
Long Beach
NO
Martinez
NO
Previously allowed donation of time.
Menifee
NO
Monrovia
NO
Murrieta
YES
At Mayor's discretion.
National City
NO
Novato
NO
1
Barstow
YES
10 mins allowed for a group spokesperson, but is rarely requested.
NO
- - ------
- -- -
Downey
Speakers can only yield time to 1 other speaker and have no more
Berkeley
YES
than 4 minx
NO
Fort Bragg
At Mayor's discretion, additional time may be given to speakers
Fresno
NO
representing an established local organization /homeowners group
Beverly Hills
NO
if they identify the group on their speaker card.
_- — -
Brew
NO
- -
- - - - - - -°
-..
Calabasas
--
NO
--
Calipatria
NO
Carlsbad
YES
Only 3 donations per subject.
Chowchilla
YES
At Mayor's discretion.
However, Municipal Code allows 30 min presentations for a group
Chula Vista
NO
spokesperson.
....._.
`Clerk encourages large groups to choose 3 -4 strong
representatives and the remaining members raise their hands in
Concord NO support at the conclusion of presentations.
Covina NO
Speakers may cede one minute of time to one other person who is
Culver City YES present by presenting a Speaker's Card to the City Clerk.
At Mayor's discretion and 10 mans allowed for a group
Cupertino
YES spokesperson.
Delano
-°
NO
- - ------
- -- -
Downey
- - -- --- -
YES
Emeryville
NO
Escalon
NO
Fort Bragg
NO
Fresno
NO
Glendale
NO
_.._._:.. -_. -.-
Huntington Beach
_ -- ____._ _.._ -_ --
NO
Inglewood NO
La Mesa YES At Mayor's discretion.
May be allowed at Mayor's discretion and allows group
Lakewood NO spokesperson as much time as needed.
Lancaster NO � - -- �
Lemoore
NO
Livermore
�NO,
Long Beach
NO
Martinez
NO
Menifee
NO
Monrovia
NO
Murrieta
YES
National City
-
NO
Novato
NO
Previously allowed donation of time.
At Mavor's discretion.
RI
Questionnaire Results Regarding
Donation of Public Speaking Time
Oakley
NO
If there are numerous speakers, then the Mayor sets a time limit.
Oceanside
NO
Previously allowed donation of time.
Ontario
NO
spokesperson.
Oroville
NO
Pacific Grove
YES
At Mayor's discretion.
Pasadena
NO
At Council's discretion.
Porterville
NO
Speakers can receive up to 2 donations or 9 mins to speak.
Riverbank
NO
_
_
Riverside
NO
Rohnert Park
YES
At Mayor's discretion and time is limited.
San Clemente
NO
San Dimas _
NO
Santa Ana
NO
Santa Clara—
NO
Santa Fe Springs
NO
Santa Rosa
NO
May be allowed at Mayor's discretion.
Solvang
NO
Sonoma
NO
_.. _...
_ ...... _. __. --
_ -_--- .. ..____ _
South Pasadena
NO
Torrance YES 15 mins allowed for a group spokesperson, but is rarely requested
Tracy
NO
If there are numerous speakers, then the Mayor sets a time limit.
At Mayor's discretion and 5 mins allowed for a group
Truckee
YES
spokesperson.
Vista
NO
West Hollywood
NO
Westlake Village
YES
At Council's discretion.
Wildomar
YES
Speakers can receive up to 2 donations or 9 mins to speak.
Total Responses: 61
Responses regarding time donations:
YES 15 25%
NO 46 75%
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