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 January 9, 2024, Council amended the Code of Ethics and Conduct for Elected and Appointed Officials to 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 and may determine it would be impractical to include remote public comment during oral communications for the purpose of timeliness of the meeting or conducting an orderly meeting (RTC No. 24-0201).
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