HomeMy WebLinkAboutConsider Regulations Related to Rules of Civility and Decoru ,n w"Tti mol ,FW 1
City of Huntington Beach A&M-CROA/ 74 99V
File #: 20-1909 MEETING DATE: 10/5/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Kelly Rodriguez, Assistant Chief of Police
Travis K. Hopkins, Assistant City Manager
Subject:
Consider Regulations Related to Rules of Civility and Decorum at Public Meetings and at City
Hall by Approving for Introduction Ordinance No. 4220 to Add Chapter 2.29 to the Huntington
Beach Municipal Code (HBMC), and Adopting Resolution No. 2020-62 Related to Rules of
Decorum at Public Meetings
Statement of Issue:
During the past year, as society has worked to address complex issues ranging from COVID-19 to
social unrest, the Huntington Beach community, like many jurisdictions, has experienced a decline in
traditional levels of civility and decorum during public discourse. To help address the situation, staff
has worked to develop proposed rules of civility and decorum for public meetings and at City Hall
through Resolution No. 2020-62 and Ordinance No. 4220.
Financial Impact:
None.
Recommended Action:
A) Approve for introduction Ordinance No. 4220, "An Ordinance of the City of Huntington Beach
Adding Chapter 2.29 to the Huntington Beach Municipal Code Regarding Conduct on City Hall
Campus;" and,
B) Adopt Resolution No. 2020-62, "A Resolution of the City Council of the City of Huntington Beach
Governing Rules of Decorum at Public Meetings."
Alternative Action(s):
Do not adopt proposed rules and provide staff with additional direction.
Analysis:
In an effort to promote more civil discourse and dialogue, presented for City Council consideration
are Resolution No. 2020-62, and Ordinance No. 4220.
City of Huntington Beach Page 1 of 2 Printed on 9/30/2020
oowerel7yy LegistarT1d
File #: 20-1909 MEETING DATE: 10/5/2020
Resolution No. 2020-62 seeks to adopt rules of decorum that would be applicable to all public
meetings for those with a formal association with the City. The guidelines call for elected officials,
board members, commissioners, committee members, task force members, and staff attending public
meetings to "treat others civilly, respectfully, professionally, courteously and focus on the issues and
avoid personalizing debate."
In addition Ordinance No. 4220 has been developed to institute reasonable rules of decorum for the
public when participating in public meetings at the City Hall Campus. The provisions contemplated
by the ordinance call for increased civility through prohibitions activities that cause significant
disruption during a public meeting.
These two regulations build on the development of the City's Code of Ethics (adopted and amended
in 1993, 2003, 2004, 2010, and 2016) that commits to encouraging democratic processes, individual
rights of expression, and civic engagement that allows for robust debate and tolerance for disparate
views. A copy of the most recent adopted Code of Ethics is included as an attachment for review.
Environmental Status:
Not applicable
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. To be distributed via supplemental communications - Ordinance No. 4220, "An Ordinance of
the City of Huntington Beach Adding Chapter 2.29 to the Huntington Beach Municipal Code
Regarding Conduct on City Hall Campus"
2. Resolution No. 2020-62, "A Resolution of The City Council of the City of Huntington Beach
Governing Rules of Decorum at Public Meetings"
3. Resolution No. 2016-73, "A Resolution of the City Council of the City of Huntington Beach
Amending the City's Code of Ethics"
City of Huntington Beach Page 2 of 2 Printed on 9/30/2020
powerel7t$p Legistar—
NO ACTION TAKEN
ORDINANCE NO. 4220 /
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER
2.29 TO THE HUNTINGTON BEACH MUNICIPAL CODE
REGARDING CONDUCT ON CITY HALL CAMPUS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Findings.
A. Every person has a First Amendment right to speak within traditional public
forums, provided that the person is not interfering with or endangering the performance of
governmental duties or interfering with other person's ability'to engage in First Amendment
Speech.
B. Subject to certain exceptions, the interior of the City Hall Complex of the City of
Huntington Beach, including City Hall, are not traditional public forums.
C. The Brown Act, California Government Code sections 54950 et seq.,provides in
general terms, that members of the public must be provided notice of and access to public
meetings including City Council, and otherjublic City meetings.
D. In addition to requiring tlxe public's business to be conducted in open, noticed
meetings, the Brown Act also extends the public the right to participate in meetings.
Individuals, have the right to attend,ff�record, broadcast, and participate in public meetings.
E. The Brown Act allows Legislative bodies to adopt reasonable regulations on
public testimony and the cond t of public meetings, including measures to address disruptive
conduct and improper speec .
E. This Ordi ce is intended to comply with and balance the public right to free
speech and participatio during public City meetings, with reasonable rules of decorum.
SECTION . Chapter 2.29 entitled"Conduct on City Hall Campus" is added to the
Huntington Bea Municipal Code to read as follows:
2.29.0 0 Definitions:
"Public Ci Meeting" is any meeting that is subject to the Brown Act, including but not limited
to City uncil and Planning Commission Meetings, Board and Commission Meetings, and any
other s sidiary committee subject to the Brown Act.
"Cl Official" is any elected or appointed officer or official of the City, including but not
li rted to City Council members, Planning Commissioners, City Attorney, City Manager and
epartment Heads.
NO ACTION TAKEN
ORDINANCE NO. 4220
2.29.020 Decorum, Conduct on City Hall Campus
Conduct at Public City Meeting at City Hall shall be in accordance with the following rules:
(a) No person shall use amplified sound devices and/ or instruments, or engag n
cheering, yelling, whistling, handclapping, and/or foot stomping, in a manner which d' upts or
otherwise impedes the orderly conduct of a Public City Meeting after being warned by a City
Official.
(b) Unless addressing a City Official or entering or leaving the Cottncil Chambers or
other Public City Meeting place, or unless permitted by a City Official, no individuals shall
approach or be in the "well" (the well is defined as the space between the taff Tables, the Public
Speaking Podiums, and the Council Dias), or stand or sit in the walkwy aisles, or block any
doorways,pathways, or points of ingress or egress, unless permittteed°' y a City Official.
(c) Members of the audience shall not disturb or disx`upt persons who are addressing
Public Officials, Public Officials who are speaking, or otherwise impede the orderly conduct of a
Public City Meeting. All persons addressing Public Officials, including City Council during the
designated public speaking time, or when called upon, shall not yell, scream, or use profanity.
(d) After being warned by a Public Official'., it shall be unlawful for any person to
continue to yell, scream, or use profane language, t any time during a Public City Meeting, or
otherwise interrupt the proceedings, when aske to do so by a Public Official, including by the
Sergeant-At-Arms.
(d) Smoking, including use of "e-cigarettes," is prohibited in the Council
Chambers or 50 feet from City Hall.
(e) Photographs, audiot es, and videotapes shall not be taken in any manner which
disturbs or disrupts the audience, peakers or Public Officials, or otherwise disrupts a Public City
Meeting.
(f) Except as au/orized by a City Official, animals are prohibited in the Council
Chambers, except for trai d service animals as defined under State and Federal law.
2.29.030 Pe lty
V' lations of provisions of this Chapter may be punishable as an infraction or
misdemeanor.
20-8840/232954
ORDINANCE NO. 4220
SECTION 3. If any section, subsection, sentence, clause, phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions , this
ordinance. The City Council declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one
or more section, subsections, sentences, clauses, phrases, parts, or portions'be declared invalid or
unconstitutional.
i
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 2020.
ATTEST: /
City Clerk Mayor
71NED AND AP P OVED: APPROVED AS TO FORM:
City Manager City A o y
20-8840/232954
NO ACTION TAKEN
RESOLUTION NO. 2020-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON ACH
GOVERNING RULES OF DECORUM AT PUBLIC MEETINGS
WHEREAS, a many Americans believe that our society is increasingly civil and that
this problem is particularly acute and particularly detrimental in national, st e and local political
arenas where it threatens government's ability to function democratically d effectively;
WHEREAS, across the nation many groups have adopted pol' ies and rules to enhance
civility and decorum at public meetings;
WHEREAS, in keeping with this natural trend many ci 'es have approved policies to
promote civility and maintain decorum at local public meeti gs;
WHEREAS, the defining characteristics of the C-' of Huntington Beach include its
commitment to the democratic process, individual riglrfs of expression, robust debate and
tolerance for disparate views;
WHEREAS,the Huntington Beach City ouncil, the City's Boards and Commissions,
other public bodies and various community ups all convene public meetings to address
controversial issue that engender passionat and often conflicting opinions;
WHEREAS, an atmosphere of i ivility and disrespect at these meetings can stifle
participation and debate, threaten the ality of decisions and undermine the local democratic
process; and
WHEREAS, adopting ru s of decorum applicable to all public meetings will help ensure
that civic engagement and loc democracy continue to flourish in Huntington Beach.
The City Council o e City of Huntington Beach does hereby resolve as follows:
SECTION 1. G eral Guidelines. The City has numerous public meetings such as City
Council Meetings, Co ission Meetings, Board Meetings, etc. (hereinafter"Public Meetings").
In order to safeguar articipatory democracy in Huntington Beach, City Staff, City elected
officials, members f City Boards, Commissions, Committees, and task forces attending Public
Meetings in Hun ngton Beach should treat others civilly, respectfully, professionally,
courteously an focus on the issues and avoid personalizing debate.
SEC ION 2. The City Council and City staff shall comply with any lawful order of the
Presiding fficer to enforce the Rules of Decorum.
ECTION 4. The City Council, all City Boards and Commissions, and City staff shall
prom to the use of and adhere to these guidelines for behavior at all public meetings within the
Ci
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
egular meeting thereof held on the day of , 2020.
NO ACTION TAKEN
RESOLUTION NO. 2020-62
Mayor
INITIATED AND APPROVED: APPROVED AS 7/ORM:
City Manager �,� C'Ty Attorney Aq)
235260/20-8840
RESOLUTION NO. 2016-73
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING THE
CITY'S CODE OF ETHICS
WHEREAS, on October 4, 1993, the City Council adopted Resolution No. 6524, which
established a Code of Ethics to serve as a standard of conduct for all elected officials, officers,
employees and members of advisory boards, commissions, and committees of the City of
Huntington Beach; and
On August 4, 2003, the City Council adopted Resolution No. 2003-51 amending the
Code of Ethics; and
On January 20, 2004, the City Council adopted Resolution No. 2004-2 amending the
Code of Ethics, and
On February 16, 2010, the City Council approved a revised version of the Code of Ethics
as recommended by the Intergovernmental Relations Committee,
NOW THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the City of Huntington Beach revised Code of Ethics, a copy of which is
attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein,
is hereby adopted and approved.
2. The City Council, City departments, and all boards, commissions, and committees
are to formally review this Code of Ethics with their members annually during the month of
January. The Mayor, City Manager and Chairpersons shall be responsible for accomplishing this
review. New members of the City Council, boards, commission, and committees and new
1 6-5499/1 462 72/PD 1
182
RESOLUTION NO: 201.6-73
employees are to be provided a copy of the Code of Ethics for their review when they are elected
or appointed.
3. All elected officials, officers, employees and members of advisory boards,
commissions, and committees of the City of Huntington Beach shall sign Acknowledgment of
Receipt forms (Exhibit A). Said acknowledgments of the elected officials and members of
boards, commissions, and committees shall be maintained on file with the City Clerk. Said
acknowledgments of officers and employees shall be maintained by the Human Resources
Department.
PASSED, APPROVED and ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 21st day of -November 2016
Mayor
REVIE E D APPROVED: INITIATED AND APPROVED:
,t�
City "nag City Clerk
APPROVED , O FORM:
Ci Attorney
nz,r
1 6-5 499/1 4627 2/PD 2
183
Exhibit "A"
City of Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly, the Huntington
Beach City Council adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On November 21, 2016, the City Council of the City of Huntington Beach adopted a Code of
Ethics, which applies to all City elected or appointed officials, city employees, and members of
its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
• 1 understand that the community expects me to serve with dignity and respect, as well
as be an agent of the democratic process.
• 1 avoid actions that might cause the public to question my independent judgment.
• 1 do not use my office or the resources of the city for personal or political gain.
• 1 am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• 1 promote consistency, equity and non-discrimination in public agency decision-making.
• 1 make decisions based on the merits of an issue, including research and facts.
1 encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
• I treat my fellow city officials, staff, commission members and the public with patience,
courtesy, civility, and respect, even when we disagree on what is best for the
community and its citizens.
Honesty
• 1 am honest with all elected officials, staff, commission members, boards, the public and
others.
• 1 am prepared to make decisions when necessary for the public's best interest, whether
those decisions are popular or not.
0 1 take responsibility for my actions, even when it is uncomfortable to do so.
Exhibit "A"
ACKNOWLEDGEMENT PROCESS FOR THE
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
• All current elected and appointed city officials including current members
of all city boards, commissions, committees, and task forces, and all
current city employees will be given a copy of the newly adopted City Code
of Ethics following its adoption on November 21, 2016 and asked to sign an
acknowledgement form at that time.
THEREAFTER:
• All elected officials of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form at the time of their
swearing in.
• All new employees of the city will be given a copy of the City Code of
Ethics and asked to sign an acknowledgement form as part of their new
employee orientation.
• Each new member of a city board, commission, committee, or task force
will be given a copy of the City Code of Ethics and asked to sign an
acknowledgement form at their first meeting.
• Acknowledgment of Receipt forms for elected officials and members of
boards, committees and commissions shall be maintained on file with the
City Clerk. Said acknowledgments for officers and employees shall be
maintained on file with the Department of Human Resources.
Exhibit "A"
is
CITY OF HUNTINGTON BEACH
CODE OF ETHICS
ACKNOWLEDGMENT OF RECEIPT FORM
Name:
(Please type or print first and last name)
Title:
Board/
Department:
Signature:
Date:
Res. No. 2016-73
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU the duly appointed, qualified City Clerk
of the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council of
the City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at a Regular meeting thereof held on November 21, 2016 by the
following vote:
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
187
Estanislau, Robin
From: pacj <pacj_03@yahoo.com>
Sent: Wednesday, September 30, 2020 8:41 PM
To: Estanislau, Robin; CITY COUNCIL
Subject: Upcoming council meeting: Resolution on Civility/Decorum;Agenda item on temporary
set aside of resolution re ballot measures
Dear Council members:
Please vote in favor of the resolution on civility and decorum at HB public meetings.
Please DO NOT approve the temporary set aside regarding taking a position on statewide ballot measures. The job of
council member is designated as non partisan. Please do not overstep your NEUTRAL role.
Thank you,
Pat Quintana
SUPPLEMENTAL
COMMUNICATION
Meeft Date: — °s ?a
Agenda Item No.• -
Switzer, Donna
From: Jim Mosher <jimmosher@yahoo.com>
Sent: Sunday, October 4, 2020 2:45 PM
To: supplementaIcomm@surfcity-hb.org
Subject: Comment on Oct 5 HB Council Item 14
1 am very much a proponent of civility at public meetings, but I have these comments regarding your
October 5, 2020, City Council agenda Item 14:
1 . As a resident of Newport Beach, I was surprised the City of Huntington Beach posts agenda
materials without an accompanying staff report and with the materials that are posted, including the
proposed resolution and ordinance, posted in a non-searchable PDF image format. That format
appears contrary to Section 6253.10 of California's Public Records Act.
2. As to the proposed Ordinance No. 4220:
a. The "Findings" section claims the ordinance balances rights, but does not, as required
by Article 1, Section 3(b)(2) of the California Constitution, explain how the proposed new
restrictions to participating in meetings do so.
b. The prohibition against use of "profanity" when addressing the Council in clause (c) appears
to be an impermissible content-based restriction on the public's right to free speech. In addition,
the words that constitute "profanity" are not explained.
c. The prohibition in that clause and in clause (d) against what the City officials regard as
"yelling" or "screaming" also seems suspect unless it is limited to cases in which the speaker's
action actually prevents the progress of the meeting, rather than merely being unpleasant to the
listeners. Clause (c) is written as two separate sentences that specify two separate prohibitions.
Unlike the audience interruptions addressed in the first sentence, the second sentence does not
say that yelling, screaming or profanity by a person invited to speak has to create a disruption
before it can be prohibited.
d. Section 1 has two subsections "E" and the word "Dais" is misspelled in clause (b) of Section
2, suggesting the ordinance has not been carefully reviewed.
e. Considering the existing legal mechanisms for dealing with disruptions to the progress of
public meetings provided by California Government Code Section 54957.9 and Penal Code
Section 403, 1 would suggest the Council consider simply requesting civility at its meetings,
rather than attempting to codify restrictions on participation.
-- Jim Mosher, Newport Beach SUPPLEMENTAL
COMMUNICATION
Mee" Dom:_
e q_` 2O
Agenda Item NO."
ORDINANCE NO. 4220
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER
2.29 TO THE HUNTINGTON BEACH MUNICIPAL CODE
REGARDING CONDUCT ON CITY HALL CAMPUS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Findings.
A. Every person has a First Amendment right to speak within traditional public
forums, provided that the person is not interfering with or endangering the performance of
governmental duties or interfering with other person's ability to engage in First Amendment
Speech.
B. Subject to certain exceptions, the interior of the City Hall Complex of the City of
Huntington Beach, including City Hall, are not traditional public forums.
C. The Brown Act, California Government Code sections 54950 et seq.,provides in
general terms, that members of the public must be provided notice of and access to public
meetings including City Council, and other public City meetings.
D. In addition to requiring the public's business to be conducted in open, noticed
meetings, the Brown Act also extends to the public the right to participate in meetings.
Individuals, have the right to attend, record, broadcast, and participate in public meetings.
E. The Brown Act allows Legislative bodies to adopt reasonable regulations on
public testimony and the conduct of public meetings, including measures to address disruptive
conduct and improper speech.
E. This Ordinance is intended to comply with and balance the public right to free
speech and participation during public City meetings, with reasonable rules of decorum.
SECTION 2. Chapter 2.29 entitled"Conduct on City Hall Campus" is added to the
Huntington Beach Municipal Code to read as follows:
2.29.010 Definitions:
"Public City Meeting" is any meeting that is subject to the Brown Act, including but not limited
to City Council and Planning Commission Meetings, Board and Commission Meetings, and any
other subsidiary committee subject to the Brown Act.
"City Official" is any elected or appointed officer or official of the City, including but not
limited to City Council members, Planning Commissioners, City Attorney, City Manager and
Department Heads. SUPPLEMENTAL
COMMUNICATION
9 Date:
Ager*tom,No.•
ORDINANCE NO. 4220
2.29.020 Decorum, Conduct on City Hall Campus
Conduct at Public City Meeting at City Hall shall be in accordance with the following rules:
(a) No person shall use amplified sound devices and/ or instruments, or engage in
cheering, yelling, whistling, handclapping, and/ or foot stomping, in a manner which disrupts or
otherwise impedes the orderly conduct of a Public City Meeting after being warned by a City
Official.
(b) Unless addressing a City Official or entering or leaving the Council Chambers or
other Public City Meeting place, or unless permitted by a City Official, no individuals shall
approach or be in the "well" (the well is defined as the space between the Staff Tables, the Public
Speaking Podiums, and the Council Dias), or stand or sit in the walkway aisles, or block any
doorways, pathways, or points of ingress or egress, unless permitted by a City Official.
(c) Members of the audience shall not disturb or disrupt persons who are addressing
Public Officials, Public Officials who are speaking, or otherwise impede the orderly conduct of a
Public City Meeting. All persons addressing Public Officials, including City Council during the
designated public speaking time, or when called upon, shall not yell, scream, or use profanity.
(d) After being warned by a Public Official, it shall be unlawful for any person to
continue to yell, scream, or use profane language at any time during a Public City Meeting, or
otherwise interrupt the proceedings, when asked to do so by a Public Official, including by the
Sergeant-At-Arms.
(d) Smoking, including use of an "e-cigarettes," is prohibited in the Council
Chambers or 50 feet from City Hall.
(e) Photographs, audiotapes, and videotapes shall not be taken in any manner which
disturbs or disrupts the audience, speakers or Public Officials, or otherwise disrupts a Public City
Meeting.
(f) Except as authorized by a City Official, animals are prohibited in the Council
Chambers, except for trained service animals as defined under State and Federal law.
2.29.030 Penalty
Violations of provisions of this Chapter may be punishable as an infraction or
misdemeanor.
20-8840/232954
ORDINANCE NO. 4220
SECTION 3. If any section, subsection, sentence, clause, phrase,part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one
or more section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of 2020.
ATTEST:
City Clerk Mayor
INITIATED AND APPROVED: APPROVED AS TO FORM:
City Manager City AtYorj#y
20-8840/232954