Senator Dave Cortese (D-Silicon Valley) and Assemblymember Evan Low (D-Silicon Valley) introduced a bill Feb. 17 they say would update a law that governs public meetings.
The Ralph M. Brown Act was originally enacted in 1953 to govern the conduct of public meetings for local legislative bodies, but many provisions in the Brown Act remain antiquated, according to the legislators.
In 2021, as local officials in Silicon Valley including AAPI public officials such as then-Los Gatos Mayor Marico Sayoc were targeted by conservative demonstrators, Cortese and Low expressed their support for establishing mechanisms to de-escalate disruptions during public meetings that interrupt public business.
SB 1100 by Cortese and Low would create a process to restore order when disruptions occur that prevent a meeting from continuing in accordance with law.
“This is for the safety of our public, and the safety of our public officials,” Cortese said. “Across California, public officials and attendees continue to deal with disorderly conduct during meetings at such a high magnitude that critical business and the legislative process as a whole has become significantly impaired.”
“It is critical for us to have transparency in the legislative process while also ensuring that we maintain the safety of the public and our public officials who continue to support our community each and every day,” Low said.
The Brown Act, as it stands, authorizes a legislative body to address disruptions through removal of an individual or group of individuals who “willfully interrupt” the proceedings of a public meeting. But the legislators say what constitutes a “willful interruption” remains vague in the law.
SB 1100 would define what a “willful interruption” is to ensure an individual is removed from a public meeting if they substantially impair or render infeasible the orderly conduct of the meeting in accordance with law and establish a warning system to require that removal of an individual causing a willful interruption be preceded by a request that the individual curtail their disruptive behavior or be subject to removal.
“Local government is the essence of democracy,” Sayoc said. “It’s where elected officials and constituents come together to make their communities stronger and more vibrant. I look forward to collaborating with Senator Cortese and Assemblymember Low as they work to ensure local governments can continue to serve their residents without disruptions caused by malicious attempts to intimidate people who are participating in democracy.”
The bill will now move through various committee hearings.
