REPORT TO COUNCIL
SUBJECT
Title
Amend the Code of Ethics and Conduct for Elected and Appointed Officials Related to Remote Public Comment During Oral Communications
Report
EXISTING POLICY
The Sunnyvale Code of Ethics and Conduct for Elected and Appointed Officials, Section 3, “Elected and Appointed Officials’ Conduct with the Public” contains general guidelines for the conduct of public meetings including “Be fair and equitable in allocating public hearing time to individual speakers.” The principles stated in the Code of Ethics and Conduct for the conduct of public meetings apply to both City Council and Boards and Commissions.
ENVIRONMENTAL REVIEW
The action being considered does not require environmental review under the California Environmental Quality Act (CEQA) because it is an administrative activity that will not result in a physical change to the environment. (CEQA Guidelines Section 15378(b)(5).)
DISCUSSION
The Ralph M. Brown Act (Brown Act), California Government Code Section (G.C.) 54954.3(a), provides that “(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body.” Sunnyvale refers to this section of the agenda as “Oral Communications.”
On March 12, 2020, during the COVID19 state of emergency, the Government issued Executive Order N-25-20, which suspended provisions of the Brown Act that impose strict rules for “teleconference” meetings (G.C. section 54953). Like many other cities, Sunnyvale began to conduct virtual meetings during this time period so that officials and members of the public could participate remotely using an internet platform.
On June 11, 2021, the Governor issued Executive Order N-08-21 which rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021 for local government agencies to transition back to in person public meetings held in full compliance with the Brown Act. On August 10, 2021 (RTC # 21-0956), the City Council directed staff to “offer a hybrid model for members of the public and staff.”
In September 2022, the Governor signed Assembly Bill (AB) 2449, which amended G.C. section 54953 to allow fewer than a quorum of the members of a legislative body to participate remotely in meetings under specific circumstances. Under these provisions, if a member is participating remotely, the public must also be allowed to provide comments in real time using a two-audiovisual platform or two-telephonic system with live webcast (G.C. section 54953(f)). Except when holding a remote meeting under G.C. section 54953, the Brown Act does not create a right for members of the public to participate in City Council or other public meetings remotely.
The proposed amendment to the Code of Ethics and Conduct for Elected and Appointed Officials (Attachment 1, page 9) would clarify that the purpose of Oral Communications is to provide the opportunity for members of the public to make public comments in person. The chair may, but is not required, to take remote public comments during the Oral Communications section of the meeting. This will apply to both City Council and Boards and Commissions.
FISCAL IMPACT
None.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Amend the Code of Ethics and Conduct for Elected and Appointed Officials as shown in Attachment 1.
2. Do not amend Code of Ethics and Conduct for Elected and Appointed Officials as shown in Attachment 1.
3. Other direction to staff.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation. This report is being presented to City Council to facilitate discussion at the public hearing and for Council to consider the proposed amendments to the Code of Ethics and Conduct for Elected and Appointed Officials.
Staff
Prepared by: Rebecca Moon, Senior Assistant City Attorney
Reviewed by: John Nagel, City Attorney
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Revised Code of Ethics and Conduct for Elected and Appointed Officials