Copyright 2005, Pasadena Star-News

Free speech comes barbed at City Council meetings

(Pasadena Star-News 1/29/05) -- Acrimony, finger-pointing, name- calling it's Tuesday night in Monrovia City Hall.

At every Monrovia City Council meeting, a small crew of activists shows up to voice opinions on everything from the role of city staff in decision-making to the structure of a small-business loan program. Along the way, they often harangue city officials, calling them liars, incompetents and crooks.

"They're within their First Amendment rights, and we certainly don't want to tread on those,' city spokesman Dick Singer said. But "it can really be disheartening. It saps your morale and takes up your time.'

One of the most consistent and outspoken critics is City Council candidate Cyrus Kemp. Kemp describes himself as an "advocate for the community' who often speaks for those too timid to stand before a TV camera and podium.

"I like to offer suggestions how I think people may benefit more,' Kemp said. "I have heard people say sometimes, 'You're taking up the council's time.' Well, that's the council's business. Really, 90 percent of the council's time should be spent listening to the community.'

Kemp said his activism has helped spur significant changes. A law that once kept people with political petitions from approaching a crowd was repealed, he said, and county health department letter-grades were brought to Monrovia's restaurant windows.

"I think all comments that are directed at the process are fair,' said Mayor Rob Hammond, often a target of Kemp and council meeting regular Steve Miller. "If you don't like the way I do my job, that's fair game. But making derogatory comments about integrity or character that's wrong.'

Right or wrong, it's not illegal. Under California's Brown Act, city meetings must be held in public with the public given time to comment.

"I think city councils should be reluctant to effectively censor what anyone's going to say. Public officials have to have thick skin,' said Peter Scheer, executive director of the California First Amendment Coalition. "You're allowed to be offensive, without being profane.

"It's best to let people ruin their own reputations with their intemperate misbehavior.'

Many cities place a time limit on speakers to ensure there's time for city business. At Pasadena Unified School District board meetings, Board President Ed Honowitz said, "We had people who would come up and speak eight times or more,' until new rules limited trips to the microphone.

Burbank has had contentious city council meetings for years, said Burbank City Manager Mary Alvord. Last year, a man started a fight with the police chief in the audience, then punched another officer who went to eject him from the meeting, she said.

The man was later convicted of battery on a police officer and disrupting a meeting. He is still awaiting sentencing.

"We've had shouting matches that have gotten pretty ugly,' Alvord said. "You just kind of settle in and get used to doing business that way.'

In Monrovia, officials allot 45 minutes for public comment at the beginning of a meeting, with additional time for comments at the end. No one speaker is limited in how long he or she may speak.

As the March election approaches, the rhetoric has become more heated. At the last Monrovia meeting, Kemp told the City Council that City Manager Scott Ochoa "is like my waiter' and "needs to learn manners' because Ochoa does not smile and greet him.

Kemp's remarks timed in at six minutes, double the three-minute limit many cities place on public comments. That was nothing compared to the preceding 20-minute speech by meeting regular Miller. Miller also focused on his displeasure with Ochoa.

When Ochoa later began to refute what Miller said, Miller cried, "This is an outrage!' then stalked from the meeting as Hammond summoned the police.

Ochoa said such speeches are "a simple case of mind over matter. If I don't mind, it doesn't matter.'

However, he added, "Sometimes when the accusations are flying and common sense seems to have left the building, that 45 minutes seems to drag.'

At a typical meeting, Monrovia's mayor and City Council sit quietly during the monologues, saying only "Thank you' at the end. Hammond said he has no plans to put time limits on speakers.

"I have not altered the way I run a Council meeting ... These guys are boorish and their behavior is boorish,' Hammond said of Kemp and Miller. "But many people come to speak, and they should not be penalized.'

The main drawback to the hostility of the regular meeting-goers, city officials agreed, is that it makes other people reluctant to volunteer in the community.

Hammond said he has had to talk members of city commissions into staying on in their positions. When their role as commissioner subjects them to such hostility, they think "who needs this crud?' he said.

Ochoa said it can affect city staff. "The hard thing is continually motivating employees to stay friendly and professional when you have folks who find fault with everything you say,' he said.

Kemp acknowledged his approach may do his causes more harm than good.

"You begin to hit a block. Sometimes it's almost like I'm going to be counter-productive to making it happen, even if it's a good issue,' he said.

However, "If I do get harsh, it's because they deserve it.'

By Sonya Geis