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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