Page 30 - BrownActHandbook

2. For Special Meetings, the Public Must Be Provided an Opportunity to Address
Any Item on the Agenda.

Every notice for a special meeting must provide an opportunity for members of
the public to directly address the legislative body concerning any item that has been described in
the notice for the meeting prior to or during consideration of that item.

(Government Code § 54954.3(a).)

3. Reasonable Time Limitations May Be Placed on Public Comment.

The legislative body may place reasonable time limitations on public comment
during an open meeting so that meetings can be concluded within a reasonable time. Those time
limits may be shorter than time allowed for agency staff or invited speakers. When the
legislative body limits the time for public comment, the legislative body must provide at least
twice the allotted time to a member of the public who utilizes a translator to ensure that non-
English speakers receive the same opportunity to directly address the legislative body. The
requirement for additional allotted time does not apply if the local agency utilizes translation
equipment in a manner that allows the legislative body to hear the translated public testimony
simultaneously.

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(Government Code § 54954.3(b); Ribakoff v. City of Long Beach (2018) 27 Cal.App.5 150;
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Chaffee v. San Francisco Library Commission (2004) 115 Cal.App.4 461.)

4. Public Comment at Remote/Virtual Meetings.

When a remote or virtual meeting is conducted during a state of emergency, or for
purposes of personal emergencies or just cause, the legislative body may allow for the public to
submit comments in advance of the meeting, but the legislative body must also provide an option
for public comment in real time. If the agenda identifies a timed public comment period for each
agenda item, then the public comment period cannot close before the designated time has
elapsed.

If instead, public comment is allowed on each agenda item, without a time limit,
the legislative body must allow a reasonable amount of time per item so members of the public
have the opportunity to provide public comment, register, or otherwise be recognized for the
purpose of providing public comment.

If there is a disruption in the broadcast of a public meeting using the call-in option
or the internet-based option, or there is a disruption within the agency’s control which prevents
members of the public from offering comments, the legislative body must not take any action on
items appearing on the agenda until full access is restored.

(Government Code § 54953(e) and (f).)

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