The Modesto Bee has published an editorial advising their readers of their rights to access meetings under the state’s open government law and how to be effective in making their voice heard. -DB
The Modesto Bee
Editorial
January 24, 2010
That means public issues should be discussed in an open forum, where the public can participate, with the microphones on. Anything less violates the Ralph M. Brown Act, California’s open meeting law.
A key element of openness is informing the public of what issues are up for discussion and decision. The Brown Act requires that the agendas of public boards be available 72 hours in advance and include at least a brief description of the item to be discussed.
Government Organization Accessibility Chart
In 2010, we believe all public agencies should be posting their agendas on their Web sites. Better yet, they should attach staff reports that provide sufficient background and explanation to help the public understand the subject.
Not all agencies are there. A number of smaller school districts use a template that includes only a skeleton agenda. Some special districts aren’t using the Web at all.
In general, the bigger agencies are doing better. In the PDF chart downloadable here, we make observations of how the largest local government entities are doing in what we think are key areas.
Participation Primer
If you’ve never spoken at the public meeting of an elected body — city council, school board or others — the prospect can be intimidating. But speaking up is your right as an American and arguably your civic responsibility. We offer some suggestions on the process:
• At any meeting, you can address the board on a subject that is on the agenda or something that is not listed.
• For items on the agenda, there will be a public comment time during the meeting. Law requires that the board give you an opportunity to speak before the board votes. If you arrive and the matter has been voted on, however, you probably won’t get to speak.
• For nonagenda issues, the time to speak is during the “time for public comment.” Most agencies do this near the start of the meeting; some have it near the end.
• If a matter is not listed as an agenda item, the board cannot discuss or make a decision on it, with a few narrow exceptions. There’s a reason — to prevent boards from not giving adequate notice on what they are considering. Elected officials usually are very cautious about responding in any way to new topics, on the advice of their attorneys. Also, if you have a complaint about a specific employee, the presiding officer likely will direct you to talk to a manager of some sort. Sometimes complaints about people really are concerns about policies or practices.
• Virtually all agencies have time limits on public comments; three to five minutes is typical. Because it’s easy to talk longer, especially if you’re nervous, we suggest writing out your concerns and practicing reading them aloud to make sure they are within the time limit.
• There are other advantages to writing out your thoughts: If you submit them in advance, it will give staff a chance to vet your arguments and offer responses. Also, if you submit your thoughts in writing, it likely will be entered into the permanent record, and if an issue comes up later, on appeal or otherwise, you can stress that you have participated from the onset.
• If you submit a written statement at the meeting, make enough copies for each elected representative, plus several extras for key staff.
• If you are one of many people speaking on the same topic, pay attention to what others say and, when it’s your turn, try to offer insights or nuances that haven’t been raised or emphasized.
• If you are brief and to the point, it is more likely your thoughts will be remembered and thus factored into the board’s decision.
• The Brown Act requires that meetings be open to anyone who wishes to attend. If you are disruptive, you can be escorted out, but otherwise you have a right to be there. Also, you cannot be required to sign an attendance roster; that’s voluntary.
• However, people who speak during public comment usually will be asked to give their name and address. The law isn’t crystal clear that you can be forced to do so. The advantage, however, is that the staff or elected official can contact you later for follow-up.
• If your comments are, in fact, questions, then we urge you to read the agenda in advance and contact the appropriate staff member.
• Even if you are angry about something, it is wise and more productive to show respect for the office — and office holder. Elected officials, being human, will be more likely to listen to someone who treats them respectfully.
• It’s also common courtesy to thank the board for listening, but remember, that’s what you elected them to do — and it’s the law.