02 - Laserfiche WebLink

BACKGROUND California Open Meeting laws require that the public have the opportunity to address the City Council at each regular meeting. When the COVID-19 pandemic caused all meetings to be held virtually, state law required, and the City provided the public with, call-in and video comment options in addition to the ability to submit written comments. Since returning to in-person meetings, in-person public comment has been restored, and the City continues to allow for virtual public comment. Recently, there have been many unfortunate instances of hate speech, also known as "Zoom bombing," occurring during the virtual public comments at city council meetings in Livermore, Walnut Creek, EI Cerrito, San Carlos, and numerous other cities, counties and public agencies throughout the Bay Area and California. Newspapers report that such virtual hate speech during public comment appears to be coordinated among racist groups. Many cities are now ending virtual public comments at public meetings to avoid giving a platform to such hate speech. State law does not permit a public agency to require speakers to register in advance, nor can a city require a speaker to provide his or her name to verify residency or connection with the community. So, there are no practical nor legal methods to screen virtual speakers. Hate speech does not reflect the City's values of diversity, equity and inclusion. Hate speech also creates a hostile environment for councilmembers, City employees, and other members of the public trying to participate in City Council meetings. However, the First Amendment right to free speech does not permit the City to mute speakers who espouse repugnant discriminatory viewpoints. By allowing for virtual comments, the City has created a limited public forum in which persons are allowed to exercise their First Amendment rights. State law provides that only speech which is "disruptive" (e.g., speaking over time limit) or a "threat" (e.g., causes legitimate fear of violence) can be silenced. The hate speech spewed by these "Zoombombers" does not clearly fit into these categories. DISCUSSION The City will meet the requirements of state law by allowing for in-person and written comments at regular City Council meetings. State law does not mandate the City provide for virtual call-in or video comments at all regular meetings. State law does require that if a member of the City Council is attending virtually due to a medical or family emergency', then the City must also permit a member of the public to comment virtually by phone or video.2 The City would meet this state law requirement. This change will be effective on Monday, October 23, 2023. Alternatively, the City Council could choose to make the change effective with the relocation of City Council meetings back to the Council chamber later this year. Which this Council allowed by action on February 7, 2023, per AB 2449 at Cal. Government Code (GC) §54953. ' See GC §54953(f)(1). Page 2 of 3