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HomeMy WebLinkAbout7482_CCv0001.pdf RESOLUTION NO. 7482 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING A PROTOCOL FOR RESOLVING DISTURBANCES AT PUBLIC MEETINGS WHEREAS, it is the intent of the City Council that its meetings and those of appointed Boards, Commissions, and Committees of the City be conducted in an orderly and fair manner; and WHEREAS, there are certain basic rights of the public of due process, and an opportunity to address issues with equity, fairness, and equal protection of the law; and WHEREAS, it is the policy of the City Council and the City's appointed Boards, Coni nissions, and Committees that the right of the public to express one's views are fundamental to a free society; however such right is not absolute and subject to valid regulations; and WHEREAS, it is the desire of the City Council to balance the right of the public to address the City Council and the City's appointed Boards, Commissions, and Committees with the need to ensure that public co>mnent does not disrupt or hinder the smooth and efficient legislative function of the City Council, and the functions of the City's appointed Boards, Coininissions, and Committees; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. The protocol for resolving disruptions at public meetings of the City Council and the City's appointed Boards, Commissions, and Committees, in the forin attached hereto as Exhibit "A," is hereby adopted. ADOPTED, SIGNED AND APPROVED this 3rd day of February, 2015. Paul W. Foster, Mayor ATTEST: Sam Irwin, ay Jerk I:\cclerk`,.ResolutlonSRes 7400-7499\7452 Disturbances at Public Meetings.doc I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the .) day of February, 2015, by the following vote: AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster NOES: None ABSENT: None ABSTAIN: None Sam Irwin, City Clerk 1:\cclerk\Resolutions`,Res 7400-7499',7482 Disturbances at Public Meetings.doc EXHIBIT"A" 1. City Council Meetings. The Mayor shall ask that any person violating the public speaking rules of the Redlands City Council, the Brown Act or Penal Code 403 to be orderly and silent. The warning shall be in substantially the form described below. You are hereby advised that your conduct is in violation of California Penal Code Section 403, and you are directed to be orderly and silent. Penal Code Section 403 states that any person who, without authority of law, willfully disturbs or breaks up a lawfully convened meeting of the City Council is guilty of a misdemeanor. Continued disruption of this City Council meeting will result in your removal from the meeting by the officer present and you will not be permitted to return to Council Chambers for the duration of the meeting. In addition, any continued disruption of this meeting is grounds for your being arrested and charged with a misdemeanor. Do you understand this admonition? If, after receiving a clear warning from the Mayor, the person persists in disturbing the meeting, the Mayor may order a brief recess of the Council to regain order. If the person persists in disturbing the meeting, despite having been previously warned, the Mayor may order him or her to leave the Council meeting. If the person does not depart the Council Chambers of his or her own volition, the Mayor may order any law enforcement officer who is on duty at the meeting to escort that person from the Council Chambers. The Chief of Police or the officer present shall carry out all orders and instructions given hin/her by the Mayor for the purpose of maintaining order in the Council Chambers. Upon instructions from the Mayor, it shall be the duty of the Chief of Police or his/her representative to eject any person from the Council Chambers or place him/her under arrest or both. As set forth in the Brown Act (Goverrnnent Code Section 54957.9), in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in the section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. Any person who willfully disturbs or breaks up a Council meeting may be arrested and charged with a misdemeanor, pursuant to California Penal Code Section 403. Penal Code 403 states, "Every person who, without authority of law, willfully disturbs or breaks up any assembly or l:\cclerk\Resolutions\Res 7400-7499\7482 Disturbances at Public Meetings.doc meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor." II. Board, Commissions and Conurlittees. The presiding officers of City appointed Boards, Commissions, and Committees may coordinate with the City's Chief of Police and employ substantially the same protocol as set forth above to resolve public disturbances that may occur during their respective public meetings. I:kclerk\Resolutions\Res 7404-749917482 Disturbances at Public Meetings.doc