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Recommendation to request City Attorney to prepare an ordinance amending the Long Beach Municipal Code (LBMC), as necessary, to clarify the procedure for removal of disruptive individuals from public meetings in accordance with California Senate Bill 1100, to be effective January 1, 2023; and
Request City Attorney to prepare an ordinance amending the LBMC, as necessary, to remove any requirement for a person to state their name and address prior to addressing the City Council or other City board, commission, or committee. (Citywide)
DISCUSSION
On August 22, 2022, the Governor of California approved Senate Bill No. 1100 (SB 1100) regarding the removal of disruptive individuals from public meetings. Effective January 1, 2023, public bodies subject to the Ralph M. Brown Act must follow a specific procedure prior to removing disruptive individuals from public meetings.
The presiding officer must first warn the individual that their behavior is disruptive and failure to stop their disruptive behavior could result in their removal. “Disruptive behavior” is defined as behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. A warning is not required for removal where a disruptive individual uses force or makes a true threat of force. If a disruptive individual does not cease their disruptive behavior following a warning, or if a warning is not required pursuant to the aforementioned instances, the individual may be promptly removed from the public meeting.
It is important to note that SB 1100 does not change or limit any First Amendment rights at public meetings. Rather, SB 1100 provides a uniform process for removal of disruptive persons at public meetings of legislative bodies throughout the State. As such, it is requested that the City Attorney’s Office prepares an amendment to the Long Beach Municipal Code (LBMC), as necessary, to clarify the procedure for removal of disruptive individuals from public ...
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