Brentwood to Craft Policy to Bring Back Zoom Comments

On Tuesday, the Brentwood City Council agreed to direct staff to craft a policy and value statement which would allow them to better cut off hate speech during public comments.

Currently, the City of Brentwood only allows virtual public comments for agendized items only, and verbal public comments on items not on the agenda are taken in person only.

The item has been requested by vice mayor Susannah Meyer after she previously withdrew her request at the February 12 meeting related to reconsideration and evaluation of the public comment period on City Agendas based on the Council discussion.

“It’s not going to surprise anybody that eventually my goal is to get us back into zoom but to get there we need to have some things in place that are a little more protective,” stated Meyer.

Meyer also referenced what the City of Lafayette is doing and what the City of Emeryville is doing with their public comments—in cutting off comments unrelated to the agenda item while also responding to hate speech. She also referenced the City of Walnut Creek and their policy.

“The policy I would like to see would give council the authority to cut off speakers who veer away from sharing opinions on city operations, social issues to make abusive or harassing remarks,” explained Meyer noting someone could still come in and make a nasty comment but the idea would be to cut it off more easily.

Meyer also asked about the feasibility of having people register with email addresses and perhaps they could cut off email addresses.

“I think there are some things we could be doing to be more proactive in this area and protect us against hate speech a little more than what we are currently doing,” stated Meyer. “Whether its public comment general, or comments related to an agenda item whether it be in person or in zoom.”

Meyer highlighted a lot of cities were just cutting off public comments and she would never support that. She believes the public should have access to commenting through zoom for the people who are commuting, elderly, can’t see at night, have young children, or someone who is housebound.

“This is all about accessibility,” stated Meyer.

Councilmember Pa’Tanisha Pierson shared that some hate speech was protected, but not all, and some speech does not have the ability to be free speech. She suggested they give staff time and resources to research in what they can or cannot say.

“Some of the same things I keep saying is open and closed public comments with a statement of our values and I keep asking for a diversity statement. In there, we can say what our values are as a city, warn and then remove speakers who use threatening language,” stated Pierson. “What Emeryville says in their statement is actually a Brown Act. They are taking a portion of the Brown Act and reading it.”

Pierson said Brentwood needed to be more verbal and state what the law is—noting both Lafayette and Emeryville are simply just stating what the law is. She also called the registration of emails not feasible because they could just come back each time and would not make a difference.

“Would I like for us to get back to Zoom public comments, yes, it provides accessibility to people I just don’t know the right way to do it,” stated Pierson. “Maybe if we start giving our policies and admonishment now maybe when we get to that point it will already something that is ingrained for everybody that gets on the call.”

She stated they cant stop people but they could better share their values.

Councilmember Jovita Mendoza said she would take Zoom comments all the time who called it a disservice not to have it for seniors or parents busy with their kids.

“Finding a way to ultimately bring back general comment Zoom, that would be my goal,” stated Mendoza suggesting keeping it to city business. “If you are not happy with my vote. If you wanna show up and tell me you are not happy how I vote or look at an item, I think that should be on the table. That is an item, they don’t like the way we voted, the way an item was looked at by staff, that should be fine. Its around city business. But there have been times where people have made personal attacks on peoples clothes, that kind of stuff, what I wear or don’t wear, that shouldn’t come into play. You don’t like how I voted, you want to tell me how to vote or why to vote on an item, you don’t like what is in a staff report, that is all within that, but if its not, we should be able to cut them off.”

She suggested since Lafayette is doing it.

“Just cut them off,” stated Mendoza. “We are the city council, if someone says a word, I should be able to cut them off… we are the council, we should also be able to say that is not acceptable.”

Meyer added she wanted to empower whoever was “cutting people off” to know when to do it because currently it was still too grey of an area.

Pierson wanted the policy and values placed on the wall and where everyone could see.

“Some of the people we saw that day are smart idiots who know how to work the around the system who knew how to work around voice-over-IP’s,” stated Pierson while highlighting some of the things she has seen people do with playing of emails during registration and what shows up on zoom screens. “Its ridiculous what you see in those zoom settings… its happening everywhere where zoom is available.”

She stated she supported a policy but also wanted a value and policy and procedure created.

Assistant City Manager Darin Gale shared that along with the city clerk, there are two others who are watching zoom in case there are new issues. They are ready to cut people off if needed.

Gale also explained its tough because someone will start off talking about an issue but then go into the negative comments so staff has to be ready.

Mayor Joel Bryant said he would like staff to look into what they can legally do regarding hate speech during public comments.

“This is very difficult because everyone of us believe in our Constitutional Rights of Free Speech and I would like to have the ability to take it up to the most generous edge of protection for our residents as we could,” said Bryant while having an option what that legally means. “How far can we go to protect our community and still protect the 1^st amendment right of our speakers.”

In a 5-0 vote, the council directed staff to spend time and resources on this item to include a policy and values statements.

Back in October, the Brentwood City Council tweaked its policy on virtual comments after Brentwood was forced to take up the issue of virtual public comments as they were the target of vile, racist, and offensive hate speech at its Sept. 26 meeting—much like many other cities have experienced in over the past year. Brentwood came out and condemned the attack.

Previous Brentwood City Council Actions:

• On October 10, 2023, the City Council adopted Resolution 2023-122 approving amendments to City Council/Administrative Policy No. 110-, Meeting Rules and Procedures; sections 3.2, which clarified that the agenda order may be changed pursuant to Section 4.3, by the Mayor or Vice-Mayor (in the Mayor’s absence) and 5.2 which pertains to public speaking times, and allows the Mayor to reduce public speaking times for reasons other than an anticipated large number of speakers of the City’s Meeting Rules and Procedures (Policy 110-1). The City Council further provided direction to staff to: Provide opportunity for virtual public comments for agendized items only, and verbal public comments on items not on the agenda will be taken in person only.
• On January 23, 2024, Vice Mayor Meyer requested a future agenda related to reconsideration and evaluation of the public comment period on City Agendas.
• On February 12, 2024, Vice Mayor Meyer withdrew her request for a future agenda related to reconsideration and evaluation of the public comment period on City Agendas.
• On March 12, 2024, Vice Mayor Meyer requested an item to consider policies the City Council might adopt to restrict hate speech during public comments

Related

• March 25 – Brentwood to Consider Methods to Restrict “Hate Speech” During Public Comments
• Feb 14 – Brentwood Decides Not to Bring Back Virtual Public Comments
• Feb 12 – Brentwood Could Tweak its Virtual Public Comment Policy
• Oct 11, 2023 – Brentwood Tweaks Policy on Zoom Public Comments
• Oct 4, 2023 – Walnut Creek Opts to End Zoom Public Comments
• Sept. 29 – El Cerrito to Suspend Zoom Public Comments After Antisemitic Comments
• Sept. 27 – Brentwood City Council Meeting Targeted by Hate Speech
• On Sept 27, the Antioch City Council voted to continue doing away with teleconference meetings.
• On Sept. 20, the City of Sacramento issued a statement that council meetings are now done in person and have phased out virtual meetings and will hold in-person meetings for all its boards, commissions and committees.
• Over the past year, the City of Walnut Creek, San Jose, Richmond were the target of several people calling in spewing “hate”.
• Aug 31 – Temple Isaiah Hosts JCRC Here I Am Initiative to Unite Against Antisemitism
• June 22 – Walnut Creek Hate Speech Continues, Budget Passed With More Cops
• June 11 – Wilk Responds to Hate Speech at Walnut Creek Council Meeting
• June 8 – Walnut Creek City Council Meeting Targeted by Antisemitic Callers
• Oct 14 – Walnut Creek Councilman Calls out Antisemitic Flyers and Hate Speech
• May 16 – Danville Mayor Condemns Hate Speech Signs Displayed Over the Weekend