Santa Clara County to limit speakers at public meetings

Santa Clara County officials could further restrict residents’ already limited opportunity to make their voices heard at meetings.

Otto Lee, president of the Board of Supervisors, plans to implement a new rule for public comment, a portion of government meetings where residents can speak directly to supervisors at a podium. Comments on issues that aren’t on the agenda will be limited to 30 speakers. Anyone who signs up after that will be turned away until supervisors get through the agenda — meaning they’ll have to wait hours for another chance to speak at the end of the meeting.

Lee, who has yet to exercise the rule, said it will ensure his colleagues effectively address the scheduled votes of the day. As chair of board meetings, Lee has the authority to manage public comment at his discretion. Residents can still make public comments on specific votes when supervisors get to that item on the agenda, in which case Lee’s rule doesn’t apply.

“Public feedback helps guide our decisions. However, each county board meeting should prioritize conducting the business outlined on the agenda such that attendees for the specific agenda items are not unreasonably delayed,” Lee told San José Spotlight.

Sometimes dozens of people sign up to speak at meetings — more than 100 people in some cases — on issues that aren’t agendized. That tends to push meetings late into the day. County employee unions have repeatedly shown up to meetings in large numbers to call attention to concerns affecting their public agencies. In January, county social workers showed up to a board meeting to speak out against child welfare policies.

Local governments in California, including the board of supervisors, have for years shortened speaking times for large crowds to keep agendas on schedule.

Lee’s rule doesn’t violate the state’s open meeting laws, according to David Loy, legal director of the First Amendment Coalition. But just because it’s legal doesn’t mean it’s right, he said.

“I suppose that local officials will say, ‘If we don’t do this, we’re stuck with hours and hours of meeting time,’ and different people will have different perspectives on that,” Loy told San José Spotlight. “We certainly don’t favor anything that as a matter of policy decreases transparency and access and civic engagement.”

The Ralph M. Brown Act — a California law enshrining the public’s right to participate in meetings — says public agencies can have reasonable regulations for public comment, including but not limited to the number of minutes per speaker and setting limits on the public comment period’s total amount of time.

“The Brown Act does not micromanage how local agencies handle their public comment, as long as there is some period of time for non-agenda comment,” Loy said. “It doesn’t mean I think it’s a good idea, necessarily. I think people have the right to be heard and local agencies should be maximizing opportunities for civic engagement and participation.”

Public agencies across Silicon Valley have been grappling with how to make meetings more manageable amid prolific Zoom-bombing during the pandemic, and a post-COVID rise in speakers who at times spew vitriol, hate speech and disruption. Officials are also telling people to avoid cheering or booing other speakers during public comments before major votes, which often happens because speaking times have been shortened.

Supervisor Susan Ellenberg, who previously chaired board meetings until the president title rotated, declined to judge Lee’s rule.

“It is the president’s prerogative to set the time and way he feels he can best manage the meetings,”Ellenberg told San José Spotlight.

Supervisor Margaret Abe-Koga supports the change. She said it’s challenging to balance the need to hear all public comments with efficiently-run meetings.

“I also serve on other boards that follow similar meeting structure,” Abe-Koga told San José Spotlight.

Supervisor Sylvia Arenas’ office declined to comment on the rule. Supervisor Betty Duong didn’t respond to a request for comment.
Lee said his rule aligns with how other legislative bodies manage meetings.

“Residents still have the same opportunity to voice their opinions on county governance and agenda items,” he said.

Contact Brandon Pho at [email protected] or @brandonphooo on X.