Current through Register 2024 Notice Reg. No. 12, March 22, 2024
During Commission meetings, the following rules regarding
public participation apply:
(a) Time.
(1) A member of the public will have a
maximum of three minutes to speak per agenda item.
(2) A member of the public who requires
translation or interpretive services will have a maximum of six minutes to
speak per agenda item.
(3) The
Chair may modify the amount of time members of the public are allocated for
individual comments, depending on the number of speakers. A change to the
amount of time allocated for individual comments will apply equally to all
speakers.
(4) A member of the
public may cede time to an individual spokesperson, under the following
conditions:
(A) A member of the public who
chooses to cede time forfeits the right to speak on the agenda item.
(B) A designated spokesperson will be
provided a maximum of five minutes to address the Commission on the agenda
item.
(5) If a speaker is
interrupted by a question or comment from a member of the Commission, the Chair
may offer a reasonable extension of the allotted time so the speaker may finish
the comment or respond to Commissioner questions.
(6) The Chair may limit the total amount of
time allocated for items not on the agenda or for a particular agenda item and
may publish such limitations in advance on the agenda for the
meeting.
(7) If the total amount of
time allocated for public comments is limited by the Chair, individuals who do
not receive the opportunity to speak due to the expiration of the allocated
time may submit comments in writing during the meeting, and such comments will
be made part of the record.
(b) Rules of Organization and Order
(1) Except as otherwise directed by the
Chair, public comments at meetings shall be received on a "first come, first
serve" basis.
(2) The Chair may
take comments out of order.
(3) A
speaker shall address only the Commission during public comment and shall not
direct comments at other members of the public in attendance, except with
express, advance permission of the Chair.
(4) A speaker shall yield the floor to any
member of the Commission who wishes to ask a question or otherwise speak during
the speaker's comment.
(5) A
speaker shall refrain from profane, lewd, abusive, irrelevant, or repetitious
commentary to the extent that such commentary is disruptive to the
meeting.
(6) A speaker shall limit
comments to matters that are subject to the Commission's
jurisdiction.
(7) An attorney
appearing on behalf of one or more clients, rather than as an individual member
of the public, shall disclose that fact at the beginning of the speaker's
public comment.
(8) A lobbyist
appearing on behalf of one or more clients, rather than as an individual member
of the public, shall disclose that the appearance is made as a lobbyist and
identify any client who is paying the lobbyist to appear on behalf of the
client, at the beginning of the speaker's public comment.
(9) A member of the public may not disrupt
any speaker or participant of the meeting through audible comments, gestures,
outbursts, or other distractions.
(10) A member of the public may not disrupt
any other attendee(s) from viewing, hearing, or legitimately participating in
any material portion of the meeting.
(11) A member of the public may not disrupt
any videotaping or audiotaping conducted by the FPPC for the public.
(12) A member of the public shall not bring
signs, flags, banners, exhibits, marquees, or other demonstrative objects into
the meeting room. A member of the public may carry and/or display paper
materials no larger than letter-sized paper in the meeting room, provided that
such paper materials are displayed below shoulder height, and do not otherwise
obstruct the view of any other attendee(s).
(13) If a disruption occurs during a meeting,
the Chair may take reasonable steps to stop the disruption and, in the event
the disruption continues, the Commission may take other necessary steps,
including clearing the room of up to all members of the public and/or
adjourning the meeting.
(14) The
Chair may require a member of the public to leave the meeting, or limit that
individual's opportunity to provide public comment, if that individual has
purposefully violated this Regulation or otherwise purposefully disrupted the
meeting, or expressly encouraged another to do so.
(15) The Commission may not prohibit a public
comment or otherwise enforce this Regulation based on any view expressed, which
may include criticism of acts, omissions, policies, programs, or services of
the FPPC.
(c) Audio,
Video and Text-Based Comments by the Public
(1) A speaker who provides commentary at
Commission meetings through audio or video messaging, or text-based comments on
the FPPC website, is subject to the same rules as those providing in-person
comments at the meeting, except insofar as the medium makes compliance with any
rule impracticable, as determined by the Chair.
(2) The Commission recommends that text-based
comments not exceed 1,000 characters, and the Chair may impose reasonable
character limitations for text-based comments in advance of any
meeting.
(3) The Commission may
reject and/or "block" any content that is received from a source that is not a
human being, such as a software "bot."
(4) During a meeting, the Chair may reject or
limit the public display of a text-based comment where it is reasonably
foreseeable the comment would disrupt, unnecessarily delay, or otherwise
interfere with the efficient conducting of the meeting. All submitted comments
will be preserved and available for public inspection following the
meeting.
(5) Any speaker who wishes
to use any electronic or mechanical audio/ visual equipment for purposes of
public presentation must seek permission from the Chair no later than 24 hours
prior to the meeting at which such equipment is intended to be used. The
Commission shall make reasonable efforts to accommodate such requests that will
not otherwise cause a disruption or delay in the meeting, which reasonable
efforts shall include accommodating any necessary electronic or mechanical
translation equipment, and/or equipment necessary to facilitate live public
comment from anyone with a disability. Nothing herein should be interpreted as
abridging any right or protection afforded by the Americans with Disabilities
Act of 1990, or any other state or federal law.
1. New section
filed 5-5-2020; operative 6-4-2020 pursuant to Cal. Code Regs., tit. 2, section
18312(e).
Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL)
(Register 2020, No. 19).
2. Amendment of subsection (b)(8) filed
5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section
18312(e).
Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL)
(Register 2021, No. 20).
Note: Authority cited: Section
83112,
Government Code. Reference: Sections
83110,
83111 and
83112,
Government Code.