The Sunnyvale Sun
News
Board members told when they can speak
By Cody Kraatz
The Sunnyvale City Council voted 5-2 on Jan. 29 to continue prohibiting city board and commission members from representing viewpoints other than their board or commission's official decision in public.
However, the new policy, crafted by Councilman Chris Moylan, gives board or commission members the right to communicate privately with council members if they disagree with their board or commission's official decision.
Only the chair or a designated representative may present that decision and any dissenting viewpoints, unless there are no detailed minutes available, in which case any board or commission member may represent the majority view.
Moylan said his main goals were to preserve private communication while ensuring that meetings run efficiently so all residents are heard.
Councilmen Dave Whittum and Otto Lee, who dissented, said allowing private communication is not enough.
"The voice of dissent is very fundamental to the function of democracy," said Lee. Whittum said that there is nothing to fear from free speech.
The free speech debate arose after several commissioners either made clear their dissatisfaction with majority opinions or objected to new information being presented at council meetings.
In March 2007, city staff presented what it called "clarifications" and "revisions" to the council, which the council adopted in May 2007 despite signs of unpopularity.
City attorney David Kahn said the former policy was a legal restriction of free speech according to case law.
Some board and commission members expressed a sense of powerlessness and frustration after the contentious vote, saying the new policy did not go far enough and that any restrictions violate their rights and subvert the democratic process.
Not enough
"I think it's un-American," said Kevin Jackson, chair of the Bicycle and Pedestrian Advisory Commission. He said that the ideal policy would allow board or commission members to speak without restriction, perhaps as long as they don't "undermine" their board or commission's official decision.
Meanwhile, Jim Griffith, chair of the Board of Library Trustees, wrote in an e-mail after the vote that he appreciated the council's effort. He had argued for softer language to strongly discourage board and commission members from trying to subvert their body's decision.
"Council actually loosened the policy by saying, 'dissenters can privately communicate with council members.' That didn't exist before. So I think [the] council tried hard to address commissioner concerns," he wrote.
The new policy allows any board or commission member present at a public hearing to present the majority opinion if the council has no detailed minutes, a record of every comment, available.
It also allows the council to remand an issue back to a board or commission if new information comes to light.
The Council Policy Manual is online at councilpolicy.insunnyvale.com. Section 7.2.19 deals with Boards and Commissions, and item 8 is the section that was changed.