Ord 2012-95 ORDINANCE NO. 95
AN ORDINANCE OF THE COSTA MESA SANITARY
DISTRICT AMENDING ITS OPERATIONS CODE WITH
REGARD TO PUBLIC MEETING RULES
WHEREAS, the law has recognized the right of the Board of Directors to have
reasonable rules and regulations to govern public speakers so that the business of the
District can be accomplished in a limited time frame; and
WHEREAS, the federal Ninth Circuit in White v. City of Norwalk (1990) 900 F.2d
1421, provided governing boards with certain guidelines for conducting public meetings;
and
WHEREAS, the Board of Directors has adopted Section 3.01.074 of the District's
Operations Code to provide for meeting rules in compliance with the White decision;
and
WHEREAS, the Ninth Circuit has again provided guidance in the case of Acosta
v. City of Costa Mesa (2012) 694 F.3d 960, which the District desires to follow;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 3.01.074 of the Costa Mesa Sanitary District Operations
Code is hereby amended to read as follows:
"(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, he should state those questions as part of his
presentation. After he 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 meet 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.
Public Meeting Rules Ordinance
Page 2 of 2
(d) All speakers and the Board must preserve order and
decorum and no profanity or other disruptive behavior shall be allowed
which actually disrupts the meeting.
(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
Clerk.
(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 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 District
Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of
general circulation printed and published in the District according to law.
PASSED and ADOPTED this /5 day of NOvEMN , 2012.
- L
j&E,_
Secretary President
APPROVED AS TO FORM
District Counsel