HomeMy WebLinkAbout8788RESOLUTION NO.8788
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AMENDING AND RESTATING PROTOCOLS FOR RESOLVING
DISTURBANCES AT PUBLIC MEETINGS
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 commissions,
boards, 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 is 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 commissions, boards, and committees with
the need to ensure that public comment does not disrupt or hinder the smooth and efficient
legislative function of the City Council, and the functions of the City's appointed commission,
boards, and committees; and
WHEREAS, during the COVID-19 pandemic of March 2020, in order to comply with
Health Department directives, the Governor's Executive Orders permitted the city councils
and other commission, boards and committees to hold meetings virtually and the public to
participate in meetings using two-way telephone or audiovisual technology; and
WHEREAS, while holding hybrid meetings where members of the public may participate in
city council meetings using two-way telephone or audiovisual technology encouraged more public
engagement, several jurisdictions slowly transitioned back to in -person participation in public
meetings with the introduction of vaccinations, which minimized the public health concerns posed
by COVID-19; and
WHEREAS, in 2025, the Governor signed into law Senate Bill ("SB") 707 amending the
Ralph M. Brown Act mandating qualified legislative bodies, such as the City Council, to allow
members of the public to participate in public meetings using two-way telephone or audiovisual
platforms starting July 1, 2026; and
WHEREAS, SB 707 also makes clear that the warning and removal requirements of the
Brown Act for members of the public who disrupt or impede the orderly conduct of the meeting applies
equally to those individuals participating remotely through two-way telephone or audiovisual
platforms; and
WHEREAS, in 2015 the City Council adopted protocols for resolving disturbances at
public meetings by those members attending in -person, but the protocols pre -dated the use of
two-way audiovisual technology in public meetings; and
WHEREAS, the enactment of SB 707 now requires that the City Council amend its protocols
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for addressing meeting disruptions to apply to members of the public who interfere with or disturb
public meetings while participating remotely.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands
as follows:
Section 1. The protocols for resolving disruptions at public meetings of the City
Council and the City's appointed commissions, boards and committees, in the form attached
hereto as Exhibit "A," is hereby amended and restated.
Section 2. Resolution No. 7482 is hereby rescinded.
Section 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED, SIGNED AND APPROVED this 2nd day of Jun , 2026.
Mario Saucedo, Mayor
ATTEST:
Jc&6 Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution
was duly adopted by the City Council at a regular meeting thereof held on the 2nd day of June, 2026,
by the following vote:
AYES: Councilmembers Barich, Tejeda, Davis; Mayor Saucedo
NOES: None
ABSENT: Mayor Pro Tern Shaw
ABSTAINED: None
.lea onaldson, City Clerk
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EXHIBIT "A"
A. Warning. If a member of the public participating in a City Council meeting either in -person
or remotely using a two-way telephone or audiovisual platfonn, disturbs, impedes or interferes
with the orderly conduct of the meeting, the following warning shall be given by the Mayor:
(1) 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 physical
removal from the meeting by the officer present or disconnection from remote
participation in the meeting by order of the Mayor, and you will not be permitted to
participate 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?
(2) 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.
B. Enforcement of Meeting Protocols for In -Person Participation. 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.
(1) 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.
(2) The Chief of Police or the officer present shall carry out all orders and instructions
given him/her by the Mayor for the purpose of maintaining order in the Council Chambers.
(3) Upon instructions from the Mayor, it shall be the duty of the Chief of Police or
their representative to eject any person from the Council Chambers or place the individual
under arrest, or both.
(4) As set forth in the Brown Act (Government 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
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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.
(5) 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 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. "
C. Enforcement of Meeting Protocols for Remote Participation. If the person participating
in the meeting by two-way telephonic or audiovisual platform persists in disturbing the meeting,
despite having been previously warned, the Mayor may order that the remote connection be
muted for the remainder of the meeting.
(1) If the person participating remotely continues to engage in conduct to disrupt the
meeting despite the remote connection having been muted, the Mayor may order that the remote
connection be disconnected.
D. Commissions, Boards, and Committees. The presiding officers of City appointed boards,
commissions, and committees sh all employ substantially the same protocol as set forth above,
including coordination with the City's Chief of Police, to resolve public disturbances that may occur
during their respective public meetings.
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DISTURBANCES AT COUNCIL MEETINGS PROTOCOL
(AMENDED AND RESTATED ON June 2, 2026)
A. WARNING: 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 physical removal from the meeting by
the officer present or disconnection from remote participation in the
meeting by order of the Mayor, and you will not be permitted to participate
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.
B. IN -PERSON PARTICIPATION: If the person persists in disturbing the meeting, despite
having been previously warned, the Mayor may order the individual to leave the Council
meeting.
If the person does not depart the Council Chambers of their own volition, the Mayor may order
any law enforcement officerwho 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 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 their
representative to eject any person from the Council Chambers or place the individual under
arrest or both.
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As set forth in the Brown Act (Government 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 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."
C. REMOTE PARTICIPATION. If the person participating in the meeting by two-way
telephonic or audiovisual platform persists in disturbing the meeting, despite having
been previously warned, the Mayor may order that the remote connection be muted
for the remainder of the meeting.
If the person participating remotely continues to engage in
meeting despite the remote connection having been muted,
that the remote connection be disconnected.
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conduct to disrupt the
the Mayor may order
§ 54957.95. Disruptive behavior during meeting; removal of..., CA GOVT § 54957.95
West's Annotated California Codes
Government Code (Refs & Annos)
Title 5. Local Agencies (Refs & Annos)
Division 2. Cities, Counties, and Other Agencies (Refs & Annos)
Pats 1. Powers and Duties Common to Cities, Counties, and Other Agencies (Refs & Annos)
Chapter 9. Meetings (Refs & Armos)
West's Ann.Cal.Gov,Coda § 54957,95
54,957.95. Disruptive behavior during meeting; removal of individual
Effective: January 1, 2026
Currentness
(a)(1) In addition to authority exercised pursuant to Sections 54954.3 and 54957 9, the presiding member of the legislative
body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting,
including any teleconferenced meeting.
(2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is
disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their
designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply
to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b).
(b) As used in this section:
(1) "Disrupting" means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes,
or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or
any other law.
() Engaging in behavior that constitutes use of force or a true threat of force.
(2) "True threat of force" means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would
perceive it to be an actual threat to use force by the person m along the threat.
Credits
(Added by Stats.2022, c. 171 (S.B. 1100), § 2, off. Jan. 1, 2023. Amended by Stats.2025, c. 327 (S.B.707), § 22, eff Jan. 1, 2026.)
WESTLAW rJ 2026 Thomson Reuters. No claim to original U.S Government Works
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