Item 16 Staff Report Introduce Ordinance of the Town of Los Gatos Amending in its Entirety Section 2.20.020 of the Town Code to Address Willful Interruptions of Meetings and Rules for ConductMEETING DATE: 10/16/00
ITEM NO. /
COUNCIL AGENDA REPORT
DATE: October 12, 2000
TO: MAYOR AND TOWN COUNCIL (/
FROM: ORRY P. KORB, TOWN ATTORNEY Off' --
SUBJECT: INTRODUCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING IN ITS
ENTIRETY SECTION 2.20.020 OF THE TOWN CODE TO ADDRESS WILLFUL
INTERRUPTIONS OF MEETINGS AND RULES FOR CONDUCT
RECOMMENDATION:
1. Waive reading of the entire ordinance (3 or more votes).
2. Ask Town Clerk to read title only (if reading waived).
3. Introduce ordinance (majority of members present).
BACKGROUND:
At the Mayor's request, the attached ordinance was prepared for the purpose of adding language to the Town Code
prohibiting willful interruptions of meetings of the Town Council. After discussion during the Town Council meeting
on October 2, 2000, Council directed the Town Attorney to amend the proposed ordinance to address violations of rules
of conduct that may be established by Council. Proposed subsection (a)(8) of section 2.20.020 would accomplish that
goal. Rules of conduct shall be proposed to Council for future consideration.
DISCUSSION:
The following discussion was provided in the staff report regarding this item for the October 2, 2000 agenda:
Currently, the Town Code does not specifically prohibit willful interruptions of Council meetings, though it does in
section 2.20.020 authorize Council to establish rules for the conduct of its proceedings. The proposed ordinance would
amend section 2.20.020 to describe the type of actions that constitute willful interruptions of Council meetings, and to
declare such behavior illegal if it continues after a warning to cease. Violations of section 2.20.020 would be punishable
by expulsion from the meeting and misdemeanor prosecution. The proposed ordinance refers to Government Code
§54957.9 and "any applicable penal statute or Town ordinance." Section 54957.9 (the Brown Act) allows Council to
clear the chambers of spectators if necessary to restore order after a willful interruption by a group or groups of persons.
Penal Code §403 makes it a misdemeanor to willfully disturb any lawful assembly or meeting.
The language of the proposed ordinance is consistent with current law allowing regulation of disruptive behavior, but
not of the content of speech, except where unduly repetitious or irrelevant. Critical statements, symbolic dress or similar
forms of protected speech, though obnoxious at times, are not regulated by the proposed ordinance. Behavior that is
regulated includes failing to abide by time limits for speakers, speaking without being recognized by the chair, yelling
from the audience, or disrupting recognized speakers or the deliberations of Council. A similar ordinance was adopted
in the City of San Bernardino where persons that willfully interrupt public meetings have been removed from the
meetings and successfully prosecuted for their actions.
PREPARED BY:/QRRY P. KORB, TOWN ATTORNEY
OPKIwp N:1ATYICONDUCT.TCR
Reviewed
anager Revised: 10/12/00 11:43 am
Reformatted: 10/23/95 File# 301-05
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CLOSED SESSION MINUTES
October 12, 2000
ENVIRONMENTAL ANALYSIS:
The amendment of Town Code section 2.20.020 is not a project defined by the California Environmental Quality Act,
therefore no study is required.
Attachments: Proposed Ordinance