Ord 2023-136ORDINANCE NO. 136
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT AMENDING THE OPERATIONS CODE REGARDING
DISRUPTIVE SPEAKERS
WHEREAS, the Board of Directors conducts Board meetings at which the
business of the District is discussed and decisions made in the public's interest; and
WHEREAS, the law has recognized the right of legislative bodies to adopt rules
for the conduct of meetings that allow for the orderly conduct of business; and
WHEREAS, the Board has adopted such rules in Section 3.01.074 of the
Operations Code which provides procedural rules for such meetings, including time limits,
relevancy parameters for comments, and which encouraged decorum and non -disruptive
behavior; and
WHEREAS, the courts have provided further guidance on when comments and
other First Amendment speech may be regulated; and
WHEREAS, the California legislature has adopted law (SB 1100) which has
added Government Code Section 54957.95 to address disruptive speakers; and
WHEREAS, the Board does hereby desire to incorporate the requirements of SB
1100 into the District's Operations Code.
NOW, THEREFORE, the Board of Directors does hereby ORDAIN as follows:
Section 1. That Section 3.01.074 is hereby amended to read:
Section 3.01.074. General Public Meeting Rules. (a) Any person desiring to
address the Board shall only speak when recognized by the presiding officer. Persons
should address their comments to the presiding officer and not to other Board members
or staff. The Board and staff should likewise not engage in a dialogue with a member of
the public without first securing the permission of the presiding officer. Cross-examination
of the Board or staff is not allowed. If a speaker has questions, the speaker should state
those questions as part of the speaker's presentation. After the speaker has completed
his presentation, the presiding officer shall determine if a response is required and who
should respond. Alternatively, the presiding officer may direct that a staff person meets
with the speaker at a later time to address the areas of inquiry.
(b) A public meeting is a limited public forum and remarks must be related to the
subject matter over which the District has jurisdiction. Irrelevant speech may be ruled out
of order.
(c) Time limits for speakers may be established.
(d) All speakers and the Board must preserve order and decorum and no profanity or
other words or acts shall be allowed that would disrupt the meeting. Any individual
disrupting the meeting may be removed provided the procedures of Government Code
Section 54957.95 are followed. Those procedures define "disrupting" to mean "engaging
in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes,
or renders infeasible the orderly conduct of the meeting and includes, but is not limited
to, one of the following:
1. A failure to comply with reasonable and lawful regulations adopted by a
legislative body pursuant to Government Code §54954.3 or any other law.
2. Engaging in behavior that constitutes the "use of force or a true threat of
force." True threat of force means a threat that has sufficient indicia of intent
and seriousness, that a reasonable observer would perceive it to be an
actual threat to use force by the person making the threat.
Prior to removing an individual, the president or designee shall warn the individual that
their behavior is disrupting the meeting and that failure to cease the behavior may result
in their removal. The presiding member or designee may then remove the individual if
they do not promptly cease their disruptive behavior. This requirement does not apply to
behavior that constitutes the use of force or true threat of force.
(e) No person shall be allowed to approach the Board dais but shall submit materials
to the Board by handing those items to the District Secretary or Clerk of the Board.
(f) The Board may appoint a sergeant at arms. The presiding officer may clear the
meeting for disruptions to the meeting, in accordance with the Brown Act. Additionally,
Penal Code section 403 makes it a misdemeanor to willfully disrupt a public meeting.
Section 2. Should any part, clause or section of this Ordinance be declared by any
Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance
shall nevertheless be and remain in full force and effect and the Board of Directors of the
Costa Mesa Sanitary District of Orange County, California, hereby declares that each and
every section, clause, provision or part of this Ordinance would have been adopted and
made a part of this Ordinance without the adoption of any other portion thereof and that
the invalidity of any part or provision hereof shall not in any way affect the validity or
enforcement of the remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk
shall cause this ordinance or a summary thereof to be according to law.
PASSED and ADOPTED this 21 day of �440' .
Secretary Pr id nt
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Ordinance No. 136 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 27th day
of March 2023 by the following votes:
AYES: Ooten, Schafer, Scheafer, Perry, Eckles
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa
Mesa Sanitary District, this 27th day of March 2023.