California open government roundup: Fears that Brown Act revisions may dampen free speech

FAC’s David Loy said that the new state law on curtailing disruptions of public meetings can work “if it is closely adhered to and only affects expression in meetings that genuinely disrupts the proceedings.” Rather than allow for clearing the room if disruption occurs, the new law allows removal of offending individuals after a warning. Some feel the definition of willful interruption is vague and fear that some authorities will remove individuals for views they don’t like. (DanvilleSanRamon.com, September 21, 2022, by Katy St. Clair of the BCN Foundation)

The Menlo Park City Council refused to reveal what they discussed in a closed session August 4 on the issue of making it difficult to build apartments in single family neighborhoods. (Palo Alto Daily Post, September 24, 2022, by Emily Mibach)

The Colfax City Council extended the time limit for public comment speakers from three minutes to five but reserved the council’s right to limit comment on certain issues or for an individual speaker on a case-by-case basis. (Gold Country Media, September 22, 2022, by Stacey Adams)

The director of the San Simeon Community Services District refused to pay the district’s attorney because he refuses to provide unredacted bills. (Cal Coast News.com, September 21, 2022, by Karen Velie)

State auditors will review the Orange County Power Authority in the areas of finance and hiring. In approving the audit, the Orange County Legislative Delegation cited “heightened concerns of corruption, Brown Act violations and questionable electricity procurement practices.” The Brown Act is the state’s open meeting law. (The Orange County Register, September 16, 2022, by Tess Sheets)

The San Joaquin County superintendent of schools said the Stockton Unified School District erred in approving severance pay for a former superintendent by failing to report the action taken in a closed board meeting. (ABC10, September 16, 2022, by Gabriel Porras)

The Downey City Council is embroiled in a dispute over a new policy that requires two council votes to include an item on the agenda. Mayor Pro Tem Catherine Alvarez claims that the council changed the rules, violating the Brown Act, to keep her from putting a rent stabilization ordinance on the agenda. (The Downey Patriot, September 15, 2022, by Alex Dominguez)

Palm Springs is suing the College of the Desert for its alleged violation of the California Public Records Act by not making public documents available in a timely matter. The city said it filed three or more requests for records since December that were met with nothing but excuses. (Palm Springs Desert Sun, September 12, 2022, by Jonathan Horwitz)

While conceding that the practice was not a Brown Act violation, the Dublin school board in a 3-2 vote banned trustees from texting with residents during board meetings, maintaining that the ban would promote “good governance of open, honest and integrity practices.” (The Independent, August 31, 2022, by Larry Altman)

Eric Preven of City Watch, August 29, 2022, claims that former Los Angeles City Council member Herb Wesson worked to prevent public comment on issues already discussed in committee. In fact, says Preven, the Brown Act does not preclude a citizen from commenting on items at special council meetings even if they were discussed at committee meetings.

Citizens are complaining that they are stymied when they go to Mendocino County’s website to post views on items on supervisors’ agendas. The county claims they are lacking the personnel to address the numbers of comments. (The Ukiah Daily Journal, August 28, 2022, by Jim Shields)

A San Francisco lawyer threatened to sue the school district for a Brown Act infraction for voting to establish two Muslim holidays August 9 without notice that the purpose of the meeting was to authorize the holidays based on their religious significance. (San Francisco Chronicle, August 18, 2022, by Emma Talley)

The Cypress City Council has been forced to retain a law firm to defend itself in a lawsuit filed by Californians Aware who claimed the council violated the Brown Act in using executive session to debate converting to district-based elections. (Event-NewsEnterprise, August 17i, 2022, by David N. Young)

Orange County’s district attorney said that two Placentia-Yorba Linda school board members may have violated the Brown Act during a February meeting. One member discussed an item not on the agenda and another did not stay at a remote meeting location for the entire meeting as specified in the meeting agenda. (Voice of OC, August 11, 2022, by Angelina Hicks and Hosam Elattar)

Portola Valley settled a dispute over a Brown Act violation involving messages sent between committee members and town staff during a public meeting. The town adopted new rules specifying that council and committee members refrain from texting or e-mailing during meetings. (The Almanac, August 3, 2022, by Kevin Forestieri)