Arroyo Grande’s outrageous limit on public comment, dangerous precedent

August 19, 2024

OPINION by JULIE TACKER

The Arroyo Grande City Council on Aug. 18 made an unprecedented move to limit public comment for items not on the agenda to just sixty seconds, even though the agenda did not include reducing public comment.

The city’s consent calendar, where routine business usually sails through without controversy, included an update to the city handbook. But, on this night, with few in attendance, Mayor Pro Tem Jim Guthrie pulled the update to the city handbook from the agenda to discuss further and suggested reducing the general public comment period to just one minute.

Each of the council members ultimately agreed, even Mayor Caren Ray Russom, who is running for reelection and historically champions herself as accessible and transparent.

The discussion included how many ways a citizen can reach the council including, email, website, tip line, phone call and appointment. It was inferred that getting one’s point across could be done in just one minute.

The California Government Code commencing with Section 54950, commonly referred to as the Ralph M. Brown Act, was established in the 1950s. While allowing public comment for three minutes is not a requirement, it is customary and appreciated. It’s just three minutes of one’s life; less time than it takes to microwave popcorn or watch a TikTok video.

Generally, when large crowds come to a public meeting, creative chairpersons will ask for speakers who are willing to come forward to give testimony for one-minute, those who can say what they want to say with that constraint, will. The chairperson will then ask if there are speakers who can say what they need to say in two minutes, those who can, will, and when the chairperson finally opens the comment period up to three-minute speakers, often times, much of the points of any one issue have been covered, which ultimately reduces the amount of speakers, in turn reducing public comment time altogether.

The Arroyo Grande City Council members receive a monthly stipend for their service. They meet twice a month and are paid $640 per month, with the mayor receiving $848 per month. Some of these “servants” receive fringe benefits, including medical and dental. It seems to me, for the $56,381.56 in total annual council compensation the citizens of Arroyo Grande pay these council members and mayor, they should be heard for a mere three minutes for an item not on the agenda.

As a 20-plus year advocate for the Brown Act, I have sent the city a demand to cure and correct their Brown Act violation. Specifically, for not agendizing the narrow subject of reducing public comment to one minute from the three minutes provided for in the City Handbook.

Had the city publicized the outrageous idea through their agenda materials, putting the community on notice, it is likely the chambers would have been packed. The mayor could have used the creative speaker format outlined above, and perhaps realized that every citizen has a voice and should be heard – for no less than three minutes.

Setting the dangerous precedent of one minute public comment for Arroyo Grande and other agencies, boarders on quashing our First Amendment Rights to free speech, untransparent and dangerous for democracy.

Julie Tacker has served as a countywide activist for more than 20 years.