SUBJECT
RESOLUTION AMENDING THE RULES OF PROCEDURE OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS (DISTRICTS: ALL)
Body
OVERVIEW
Public discourse, dissent, and critical debate are vital components of a healthy democratic institution. Disruptive activity obstructs the right of the public to debate and exchange ideas in the public square, hear diverse points of view, and air and advocate for competing viewpoints. The “marketplace of ideas” allows people to form opinions and make decisions based on healthy debates and a level playing field to share different points of view.
Since Justice Holmes first invoked the “marketplace of ideas” in his landmark dissent in 1919, this theory of free expression has become a powerful idea, underpinning the majority of First Amendment jurisprudence. Central to the “marketplace of ideas” is the protection of a level playing field for different viewpoints to be both expressed by speakers and heard.
A well-functioning marketplace of ideas requires that people are safe to express their opinions and participate in a public dialogue, and that meetings be conducted in an orderly fashion to create equal opportunity for all members of the public to participate.
Disruptive conduct in the Board Chamber compromises the ability of all members of the public to engage with the Board through the public comment process. To minimize disruptions to the meeting, the following changes to the Rules of Procedure are proposed.
Today’s action recommends that the Board approve amendments to the Rules of Procedure that protect the Board’s ability to conduct business in an orderly manner while ensuring all have an equal opportunity to observe and participate.
RECOMMENDATION(S)
SUPERVISOR TERRA LAWSON-REMER
1. Approve amendments to the Board of Supervisors Rules of Procedure and adopt a Resolution entitled: RESOLUTION AMENDING THE RULES OF PROCEDURE OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS.
2. Approve amendments to the 2024 Board of Supervisors Meeting Calendar and adopt a Resolution entitled: RESOLUTION AMENDING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS CALENDAR 2024
3. Direct County Counsel to work with Board Offices to explore options for reducing the threat to free speech posed by those who engage in a pattern and practice of disruptive behavior, and report to the Board in 90 days.
EQUITY IMPACT STATEMENT
As publicly elected officials, our number one duty is to serve the people of San Diego County. We prioritize transparency and accessibility to improve public understanding of how the County of San Diego (County) operates and participation in shaping future priorities. These efforts towards accessibility are particularly important to reach those communities that have been previously disconnected from the County civic process. It is anticipated that through these changes to the Rules of Procedure we will ensure that the diverse voices of our community can be heard in an equitable and civilized manner, and as such, can provide input that is vital to a healthy democratic institution.
SUSTAINABILITY IMPACT STATEMENT
The changes to the Rules of Procedure allow stakeholders to plan for community engagement and identify meaningful ways to continually seek input to foster inclusive and sustainable communities.
FISCAL IMPACT
There is no fiscal impact associated with these recommendations. There will be no change in net General Fund cost and no additional staff years.
BUSINESS IMPACT STATEMENT
N/A
Details
ADVISORY BOARD STATEMENT
N/A
BACKGROUND
The Board of Supervisors (Board) has adopted the “Rules of Procedure” which define meeting protocol, public access, and public participation at Board meetings, among other aspects. The Rules of Procedure were first adopted in 1970.
Today’s actions are intended to make modifications to the Rules of Procedure that are content- and viewpoint-neutral, and which will serve the compelling government interest of furthering the ability of all residents to engage with the Board. These changes will facilitate good governance, ensure equitable public engagement, and promote free speech. The misuse of the public comment portions of Board meetings by some individuals and groups is threatening our democracy.
The misuse of public comment potentially creates a hostile and harassing environment for County of San Diego (County) staff. For example, at the November 2, 2021 Board meeting, a member of the public used their public comment period to share racist and hate speech. Unfortunately, this was not an isolated incident. There have been multiple incidents where members of the public uttered racist comments and personal attacks aimed at County staff. Members of the public have attempted to harass many more County staff, including providing disparaging and insulting remarks to County staff facilitating the meeting. While the Board of Supervisors will not curtail the content of the public's comments, the Board will act with the proposed changes to protect County employees from a hostile and harassing environment.
The impact has chilled public participation due to intimidation and harassment. Some individuals wishing to express their public comment on policy before the Board are no longer willing to attend in person because of the intimidation and harassment experienced when participating in person. While the Board encourages public participation in the meetings, the effect of this intimidation and harassment stifles free speech and public engagement, to the detriment of governing and our democracy. Members of the public have taken to directly insulting other members of the public during their testimony. It is our responsibility to promote decency and decorum while within the Board Chamber.
The misuse of public comment at Board meetings throughout the past year has also impeded the proper functioning of government through delays and disruptions of the Board meetings. The Chair has repeatedly asked members of the public to cease disrupting the meeting by their clapping, cheering, booing, providing public comment out of turn, and the like. Sheriff’s Deputies have removed members of the public from the Board Chamber on multiple occasions after they were warned about their disruptive behavior. At times, the disruption has been so severe that the Chair needed to excuse all members of the public from the Board Chamber in order to restore order and decorum to the meeting. These delays and disturbances interrupt the ability of the County government to function, requiring changes to the Rules of Procedure.
Over time, these Rules of Procedure have been amended to recognize changes in technology and other new processes. The proposed changes are focused on several areas, described below, as well as some non-substantive changes. All changes are reflected with strikeout/underline text in Exhibit A to the proposed resolution.
Time and Place of Meetings: The proposed change for the time and place of the meetings would allow for flexibility in the start time of Board meetings. Meetings would commence at 9:00 a.m., or at the time specified in the Board Meeting calendar. This would allow the Chairperson to set the start time of meetings in the annual meeting calendar. For 2024, it is recommended that Wednesday Land Use Sessions start at 11:00 a.m.
Tuesday Session Name: The proposed changes adjust the name of the Tuesday Session to be the Legislative Session. This provides clearer language to differentiate the Tuesday and Wednesday session as the Legislative and Land Use sessions, respectively.
Refining Public Participation Rules: First, the section for speaking on the Consent Calendar is amended to reiterate that comments must pertain to agenda items on the Consent Calendar. It is important that speakers use this time to address the agenda items that are on consent and not exploit the time to speak on matters not on the agenda.
Second, the current rules require speaker slips for non-agenda public communication to be submitted before the meeting starts. This can be confusing for the public because it is different than the speaker slip deadline for discussion items. To keep it consistent with the deadline for discussion items, it is recommended that the deadline for speaker slips for non-agenda public comment be submitted before the start of non-agenda public comment.
Third, to better facilitate public comment on the substantial number of items before the Board, the rules are clarified to direct the chair to reduce the two-minute time limit per speaker for non-agenda public comment and public comment on discussion items when necessary to complete the meeting within a reasonable period of time. The Brown Act allows the management of these time limits under Government Code Sec. 54954.3, and similar procedural rules have been adopted in many California governing bodies.
Finally, continued disruptive conduct in the Board Chamber compromises the ability of all members of the public to engage with the Board through the public comment process. A well-functioning marketplace of ideas requires that people are safe to express their opinions and participate in a public dialogue, and that meetings be conducted in an orderly fashion to create equal opportunity for all members of the public to participate. Accordingly, it is recommended the County Counsel be directed to explore options for those who engage in a pattern and practice of disruptive behavior.
Today's action recommends that the Board approves amendments to the Rules of Procedure. The proposed changes to the Rules of Procedure are focused on ensuring that the Board's business is conducted in an orderly fashion and that all have an equal opportunity to observe and participate in the proceedings.
LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN
The proposed action supports the Strategic Initiative of Community: Engagement in the County of San Diego’s 2024-2029 Strategic Plan by providing information, programs, public forums, or other avenues that increase access for individuals or communities to use their voice, their vote, and their experience to impact change.
Respectfully submitted,
TERRA LAWSON-REMER
Supervisor, Third District
ATTACHMENT(S)
1. RESOLUTION AMENDING THE RULES OF PROCEDURE OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS
2. RESOLUTION AMENDING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS CALENDAR 2024
3. Proposed Changes to the Rules of Procedure (Exhibit A)
4. Proposed Changes to the 2024 Board Calendar (Exhibit B)