Tuesday’s training session brought many questions. For example, if an eager (not to say obnoxious) citizen gives his comment, and then raises his hand before the vote, does he have the right to speak again?
For members of the Association of California Water Agencies Joint Powers Insurance Authority, it is the Ralph M. Brown Act that determines the answer to this question. Section 54954.3(a) begins, “Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body…” Reading this clause as a lay person and not an attorney, I would think that “an opportunity” means “one opportunity.” If the agenda includes a designated period, and a member of the public speaks, he’s had his chance. The council is not obliged to listen to him again before voting - although it may choose to do so, by majority vote, if it wishes.
The Brown Act further allows legislative bodies to adopt regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. That’s a darn good thing. It is not easy to enlist capable and dedicated citizens to give their time to the special districts, commissions, councils and committees that make our web of governance hum. Providing for some kind of reasonable balance in time allotted to public input versus time spent in actual deliberation seems essential.
The key point that we urge on all elected and appointed officials is to distinguish between getting the public input necessary to make good decisions, and holding the council discussion that leads to making the decision itself. Public input is vital, but it is not the same as deliberation – when the members of the body discuss the question, weigh its different aspects, and then decide. Allowing the public to speak during the council discussion period confuses people about who has the actual authority, and makes it harder for the body to do its work. We say, let the gadfly have his full allotted time, but no more than that.
Our Tip Sheet “Running Successful Public Comment Sessions at Council Meetings” offers a host of suggestions for councils, commissions, committees and other bodies. It’s a great starting point – and do be sure to consult with your attorney, to make sure that the guidelines you adopt conform to your state’s law and regulations.
Ann G. Macfarlane, PRP
(c) Jurassic Parliament 2011. All rights reserved.
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