'Willful interruptions' cited in town's proposed decorum rule
By Nathan R. Huff
Newly arrived Los Gatan Ray Davis has been almost as successful in getting new legislation passed as the California governor with a similar name.
While not declaring the move to be a direct reaction to Davis' council chamber antics, the town council on Oct. 2, prepared to adopt an amended ordinance addressing "willful interruptions of meetings and rules for conduct."
"Certainly there's an impetus behind this ordinance," Mayor Steve Blanton said after the meeting. "But I would stop short of saying there wouldn't be a reason for this otherwise."
The amended ordinance, which the council asked town attorney Orry Korb to revise and return for adoption at the Oct. 16 meeting, defines disruptive behavior and the subsequent consequences--removal from council chambers and misdemeanor prosecution.
Addressing the council without being recognized, repetitiously addressing the same subject, continuing to speak after the allotted time, failing to relinquish the podium, interrupting town staff or council members, and shouting, clapping, stamping, loud talking, hissing and booing are all covered by the ordinance. To be in violation of the ordinance, an audience member must continue his or her disruptive behavior after being warned by the chairperson.
The ordinance comes eight months after Davis began attending virtually every public meeting in town, speaking, often loudly, on nearly every item on the agenda. Oct. 2 was no exception, and Davis spoke out strongly against what he described as Blanton's "criminalization of applause at public meetings."
"Obviously you have no concept, or not the same concept as I have, of what representative government is all about," Davis said to Blanton, adding that the mayor was committing "political suicide." "This represents a declaration of war against the people." Davis pledged to contact the First Amendment Coalition regarding the ordinance, which he said conflicts with the First Amendment and the Brown Act.
Davis, who spends a considerable amount of time researching the town's public documents, had at least one other audience member speak on his side of the issue. Los Gatan John Tice asked that the council look at providing more modern ways for audience members to present their arguments.
"I would ask that the council spend at least as much time as they're dealing with the particular nuances of a specific insult and consider creative and technically current ways of allowing people to express themselves," Tice said.
But the majority of the small audience who stayed around until 11 p.m. to hear the issue, spoke on behalf of the proposed amendment. Chamber member and regular meeting attendee Margaret Smith said it was a matter of respect. "I have to tell you," she said, "if you find it disruptive, those of us back here find it disruptive, as well." Chamber Chairwoman Diane McNutt also spoke on behalf of the amendment, saying the council should provide clear signage on rules of decorum.
Several council members also took the opportunity to personally address Davis, whose performances at past meetings have included "report cards" for council members and scathing personal critiques. Blanton, in response to Davis' question of whether or not there had been any willful interruptions in council meetings since he had attended, cited a number of audience comments regarding "threatening" and "demeaning" behavior by Davis.
"Mr. Davis, in all honesty, your question to me that you haven't seen anyone who has disrupted the meeting--I'd say, sir, go look in the nearest mirror," Blanton said.
Councilwoman Linda Lubeck followed suit, saying she had heard complaints from a number of people Davis said he was trying to "help." "People who are not civil are very disruptive," Lubeck said. "So, I'm sorry, but I will absolutely second that you are an incredibly disruptive force, if you like it or not." Davis responded from his front row seat with a loud "good."
Davis later said that while much of the ordinance was acceptable, elements limiting applause and other public expression were nothing more than an attempt to "control the people."
"This is an insult to the people of America," Davis said. "From here on in, it's no longer local government; it's a cat box, and it hasn't been emptied in a long time." He added that he planned to address the comments made by both Lubeck and Blanton at the Oct. 16 council meeting. "I will have the last word," Davis said.
The ordinance will be returned to council on Oct. 16. Council members asked Korb to add language saying that any violation of the rules of procedure--a separate set of codes less rigid than town ordinances--would also be illegal. Council members want to take a look at the rules of procedure for council meetings, particularly how information is presented to the council. Several council members stated that they felt their personal space was invaded when audience members directly approached them while speaking.
This isn't the first time Davis has affected local ordinances. Several years ago, the California city of Orinda, Davis' former home, passed a similar law regarding conduct at meetings. According to Orinda Mayor Joyce Hawkins, the ordinance resulted in Davis being thrown out of meetings several times.
"It did help somewhat. Unfortunately, it's just a matter of enduring it," Hawkins said, adding, "[Los Gatos] should have called us." She noted that Davis' decorum--he still attends Orinda city council meetings--has improved "considerably" since he moved to Los Gatos.
Davis actually defended the Orinda ordinance, saying it only regulated truly disruptive behavior, which Davis said should result in ejection from a public meeting. He also noted that the California Penal Code already addresses willful interruptions of public meetings.
Blanton said, following the meeting, that the ordinance was not a reaction to the personal critiques Davis gives of the council. "When you run for public office, you step into the arena and expect a certain amount of personal abuse," Blanton said.
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Los Gatos, California Since 1881
