EdCal EdCal v49.11 11/19/18 | Page 6

6 EDCAL November 19, 2018 Court ruling states boards can limit off-topic, over time limit, public comments The following article was written by attor- neys Harold Frieman and Jordan Fong of the law firm Lozano Smith. A California appellate court recently reaffirmed the limitations a governing board of a public entity can impose on public com- ments during a board meeting (Ribakoff v. City of Long Beach). Background As was his frequent practice, Joe Ribakoff attended a Long Beach Public Transportation Company (LBTC) board meeting as an interested citizen. LBTC’s lone shareholder is the City of Long Beach, and LBTC operates as a public entity. During the public comment period, Ribakoff spoke for the three minutes that an LBTC board ordinance grants members of the public to address the board. When Ribakoff attempted to speak a second time, after the close of public comment, he was denied the opportunity to speak further and his microphone was cut off. An LBTC rep- resentative testified that Ribakoff became argumentative and appeared to approach the dais where the board was seated. A police officer was summoned and told Ribakoff that if he disrupted the meeting again, he would be arrested for violation of a city ordinance prohibiting disturbance or COLÓN Continued from page 2 PLI allowed me to see the possibilities of being a school leader and the impact I can have in the life of students. I began to see the school as my new classroom. In 2003, I started my career as a site administrator.” But through it all, students have remained at the heart of what Colón does. interruption of a board meeting. Ribakoff sued the board, arguing that the board meeting disturbance ordinance violates the First Amendment, and that its three-minute speaking limit violates the Brown Act and the First Amendment. To support his argument that the ordi- nance’s prohibition on disturbance or inter- ruption of a board meeting violated the First Amendment, Ribakoff pointed to precedent that says an ordinance is unconstitutional if interpreted to allow an arrest based on the content of the disruption. However, that precedent also found that an ordinance is constitutional if it is construed to be a content-neutral “time and place” restriction. The court construed the challenged ordi- nance to be a legitimate “time and place” regulation that only penalized speech based on whether it was disrupting the meeting, not on what was being said. The Brown Act permits a public agency’s governing board to adopt reasonable time limitations to ensure adequate opportu- nity for public comment, but prohibits the board from censoring public criticism of it. Ribakoff argued that the three minute limit is not reasonable because the board used it for a purpose other than time limitation – it allowed the board to censor his criticism. However, the court found no evidence to support this argument. The board did not stop Ribakoff from speaking during his initial three minutes, despite his critical statements. It was only when he attempted to speak after his three minutes had expired that he was restrained from speaking fur- ther. Ribakoff also claimed that the time limit is unreasonable because the three- minute limitation applies only to public comment and not the board or its invited speakers. The court disagreed, pointing out the difference in purpose between public comments and board or invited presenter speech. When the board or its invited presenters speak, it is for the benefit of the public. The board regulates the number and length of these presentations, and ensures that they do not take more time than neces- sary. Conversely, public comment is poten- tially unlimited depending on how many members of the public are at the meeting, so a reasonable time limitation is justified. The court recognized that board meet- ings are open to the public, yet are still governmental processes with an agenda and a purpose. Therefore, limitations for the purposes of keeping the board meeting on schedule and on topic are justified. “What inspires me most is the positive impact I can have in the life of our stu- dents,” he said. “I know that every decision, conversation and commitment can make a difference. Our students expect us to have their best interest in mind.” In his current position with Anaheim Union, Colón proudly points to the com- mitment the district has made to ensure all students have the opportunity to be success- ful in college, career and life through their Anaheim Union Educational Pledge. “Our Pledge ensures each student is given the knowledge, skills and resources to control their own destiny,” Colón said. “The Pledge has leveled the playing field for our “ACSA has English learners, stu- given me a dents with disabilities, low-income and first broad perspec- generation students tive of public to access career path- ways, which includes education...I am attending the most able to learn prestigious universi- ties. In the future, we from best prac- hope to be a nation- tices and get al model for urban school districts. Our current informa- Pledge can and will tion.” narrow the achieve- Manuel Colón, ment and opportunity Chief Academic gap and will demon- Officer strate how, given the right support, any stu- dent can be successful.” Colón credits his 13-year involvement in ACSA for providing career development along the way. “ACSA has given me a broad perspec- tive of public education,” he said. “Through (EdCal) and emails, I am able to see what is happening statewide. I am able to learn from best practices and get current infor- mation. “ACSA has also created a professional network that mentors, inspires, and chal- lenges all administrators to be their best for the benefit of students. In my current posi- tion, ACSA has allowed me to mentor new and aspiring administrators. I have been a guest speaker at ACSA events and cur- rent coach new administrators as an ACSA Certified Coach.” Colón is invigorated by the ACSA Leadership Summit theme of Empowering Innovative Leadership. “This is a great theme,” he said. “We live in a constantly changing world. Leadership, especially school leadership, needs to change and adjust to current and future trends. Innovative leadership is what we practice and live by in the Anaheim Union High School District. As school leaders, we need to see the possibilities and ensure our students have access to and experience an innovative culture.” ACSA salutes Manuel Colón, recipient of the 2018 Valuing Diversity Award. COACHING participants in ACSA’s Clear Administrative Services Credential program: “My ACSA coach is an amazing mentor. She is always available to support me with new ideas, provide feedback, listen as needed, and always encouraged me to continue working toward my goals. As a mentor, she guides me in reflecting on the work that I am doing in my current position and how I can take my practice to the next level through the lens of the admin- istrative standards. I am a better administra- tive today because of my ACSA coach.” – Karina Gerger, assistant principal, Mira Costa High School, Manhattan Beach Unified School District Paid Advertisement adopt rules that limit public comment based on the content of the comment. But it is not a free speech violation to limit comments to the topic at hand. • Cities or other entities with police power may adopt ordinances that autho- rize penalties for members of the public when their behavior-and not the content of their expression-impairs the conduct of the meeting. • Boards may adopt reasonable time limitations on public comment. •  Boards may have different time limi- tations for public comment versus board members or invited speakers. Find out more about Lozano Smith at www.lozanosmith.com. www.acsa.org Takeaways •  Boards are generally not permitted to Continued from page 1 and implementing professional develop- ment. •  District leaders responsible for school leadership. Outcomes • Understand how coaching can sup- port the continuous development of school leaders. • Develop skills that build a leader’s capacity to focus on the development of self-confidence, independence, reflection, and anticipation. •  Learn and practice coaching skills such as listening, empathy, appreciative inquiry and design thinking. •  Provide access to tools and resources to support leadership coaching. • Learn and practice collaborative goal setting and actionable steps that increase a leader’s capacity to improve staff and stu- dent success. • Understand the critical role coaches play in supporting leaders to positively impact student growth and achievement. Graduates of this program definitely provide high value to credential candidates. For example, here are two testimonials from “I have learned from my coach the impor- tance of instructional leadership and that creat- ing and communicating a clear, consistent, and student-focused vision is essential to a positive and productive school culture. My coach taught me that my role as a learning leader is impor- tant in guiding my staff to increase academic rigor and student engagement.” Scott Small, principal, Mojave High School, Mojave Unified School District Leadership Coaching programs begin soon: ACSA Sacramento, Dec. 5-6, 2018; and ACSA Ontario: Jan. 16-17, 2019. To learn more, go to www.acsa.org/leadership- coaching.