Title
SUBJECT: Mayor Murphy’s Request to Discuss Council Meeting Decorum and Conduct
REPORT IN BRIEF
This item is in response to Mayor Murphy’s request to discuss Council Meeting decorum and conduct pursuant to City Council Administrative Policies and Procedures C-1.
RECOMMENDATION
It is requested Council give staff direction on an ordinance to establish rules of conduct for public meetings.
Body
DISCUSSION
As discussed at the City Council meeting of February 5, 2018, the Mayor requested an agenda item to discuss the City adopting rules of conduct for Council meetings. If the City Council wants to establish rules of conduct for its meetings, it is recommended that the Council adopt a City Code (ordinance) provision that clearly establishes rules of conduct for public meetings.
The City Council may exclude or expel all persons from a Council meeting in which a disturbance has been created that will not allow the meeting to continue unimpeded. Govt. Code sections 36813; 54957.9. The Council may also prohibit disruptive behavior and expel an individual who actually disrupts the meeting. Certain expression and conduct in connection with Council meetings may be prohibited under "breach of peace” or “disorderly conduct” ordinances, provided the ordinance is narrowly drafted and/or narrowly construed. However, the Council may not prohibit “insolent” or other vaguely described behavior.
The City Charter refers to establishing rules for the conduct of the Council meetings. However, the Council Policy is not clear that the rules apply to members of the public. The Brown Act also allows for a local agency to adopt rules for orderly conduct of public meetings. Govt. Code section 54957.9.
An example attached.
ATTACHMENTS
1. Draft Example Ordinance