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Inland Empire Community Newspapers • January 16, 2014 • Page A3 Right to speak anonymously at public meetings allowed under state, federal law By Harvey M. Kahn A decades old tradition of requiring the public to fill out a "speaker's form" prior to them speaking at government meetings might be coming to an end. Possibly the tradition of government officials swearing in the public before they address a city council may vanish as well. A quick survey of 40 cities throughout California showed that all required the public to fill out a "speaker's card" before they could talk at public meetings. A speakers card or form, asks for a name, address and/or a telephone number. That personal informa- tion then gets printed in meeting minutes as a matter of public record. All 40 government agencies showed that their meetings are conducted under the Ralph M. Brown Act. Constitutional groups like the First Amendment Coali- tion in San Rafael feel that "speaker cards" inhibit freedom of expression. The Coalition cites three U.S. Supreme Court cases indicating the right to remain anonymous is particularly impor- tant at city council meetings where the free exchange of view- points would seem to be critical. One city clerk official, speaking off the record, said, "If a member of the public does not fill out a speaker's card they will not be able to address the council." In another city, an ordinance states if a person tries to speak without filling out a form, they could eventually be arrested for disrupt- ing a public meeting. San Bernardino County Su- pervisor Janet Rutherford's of- fice said that there is no code requiring a speaker's card. "Yes, the public is asked to fill out a speakers card at board of supervi- sor's meetings. But you do not have to," said Scott Vanhorne, communications director for Rutherford. "There is nothing in the Brown Act nor in the San Bernardino County Code that says anyone has to fill one out." Vanhorne said the county's speakers card asks for a name, ad- dress, and phone number. "All you have to do is give a name so the county clerk will know who to call to the podium." Vanhorne did say the public is not advised that they do not need to fill out the form. He said that forms are kept on file by the county clerk. The City of Rialto allows the public to speak on any item listed on its city council agenda but you must first notify the city clerk. Ri- alto does ask for an "oral commu- nications form" to be filled out. It asks for a name, address and phone number which will appear later in the published minutes of the meeting. Those forms are kept on file in the city clerk's office. "We use the forms so that we can run an orderly meeting. A person's name is called and they are asked by the mayor to repeat their name for the record. Then they address the council," said Maria Ro- driguez, executive assistant to Rialto City Clerk Barbara McGee. "We keep those speaker forms on file in case a member of the council wishes to call back with an answer to a question. You do not have to give your address or phone number if you do not want to," said Rodriguez. How- ever, Rodriguez did say residents are not told that they do not have to fill out the "oral communica- tions form." San Bernardino City Clerk Gigi Hannah said her city asks for a name and address on its speaker's form. She said that the person's name and city goes into the minutes, but said changes are taking place with the balance of privacy starting to change in favor of the public. Hanna said it is nec- essary to have a name on the pub- lic record, yet recognized the recent need for added security. "If somebody wanted to force it, I don't think they would have to give their name before speaking. It is not mandatory. Things are changing a lot," said Hanna. Redlands attorney Michael Reiter stated that the Brown Act does not require a speaker's form as a condition of addressing a leg- islative body. Reiter said that local governments already have a wealth of information about indi- viduals and that there are good reasons for a speaker's form. "An address allows the council to know which ward someone lives in and the phone number allows the city to call back with an an- swer to a question," said Reiter who has worked for city attor- ney's in San Bernardino and Red- lands. Reiter did say that a speaker's form could have a "chilling ef- fect" and that some jurisdictions may want to discourage public participation. He added that city attorney's know that speaker's cards are not legally required. "It's more of conducting business as usual. City clerks have their own association and they might have decided that is how it should be." Reiter referred to an interpreta- tion of the Brown Act in Chapter IV, Page 30, stating that public speakers cannot be asked to give their name or address as a condi- tion of speaking. The clerk may request a speaker to identify themselves for the record, but must respect a speaker's desire to remain anonymous. The Act also specifies that the public must be made aware that providing their ID is voluntary. The Act does not mention the need for the public to take an oath prior to addressing a legislative body. COURTESY PHOTO Ralph M. Brown authored leg- islation in 1953 that governs the conduct of California leg- islative meetings. COURTESY PHOTO Former California Governor and U.S. Supreme Court Jus- tice Earl Warren signed the Brown Act into Arrowhead Regional Medical Center nurse Receives Regional Award J anet Stoia Davis, a regis- tered nurse in Arrowhead Regional Medical Center’s Ostomy Clinic, recently received the Gene Galindo Memorial Fund Award from the Pacific Coast Re- gion (PCR) of the Wound, Os- tomy, and Continence Nurses (WOCN) Society. Established in 2006, the award provides financial support to qualified individuals to help educate and assist patients who have had an ostomy (a surgi- cal opening in the skin that allows for waste products to leave the body). Davis, who has been con- tracted with the hospital since 1996, provides wound care and os- tomy services in the Ostomy Clinic. Davis received the award for her proposal to help ostomy patients in the community, who may not have access to an ostomy nurse. “I am honored to receive this award,” said Davis, who sees os- tomy patients after surgery and as- sists them with the education and tools they need to resume their normal activities. “Thanks to this award, I am able to provide a free Ostomy Education Day event on Jan. 15, in San Bernardino, to give individuals information about os- tomies.” Besides her clinical work, Davis also contributes to journals in the medical field with articles focus- ing on quality of life issues for os- tomy patients. Her recently published articles, co-authored with other medical professionals, include: “Factors Impacting the Quality of Life of People with an Ostomy in North America,” in Wound, Ostomy and Continence Nurses Society, and “Factors Im- pairing Quality of Life for People with an Ostomy,” in Gastrointesti- nal Nursing. “With more than 30 years of nursing experience and a critical care background, Davis is an asset to ostomy patients at ARMC and in the community,” said ARMC Chief Nursing Officer, Michelle Sayre. “Her award is an indication of her commitment to providing quality care for ostomy patients.” The PCR WOCN mission is to promote the highest quality wound, ostomy and continence care for patients in California and Nevada. The Gene Galindo Me- morial Fund is provided by PCR to support ostomy education and activities that improve the quality of life for individuals who have undergone an ostomy. ARMC is a state-of-the-art acute care facility with a full range of in- patient and outpatient services in- cluding a Level II trauma center, 24/7 emergency department, mo- bile medical clinic, primary stroke center, and a regional burn center. For more information, visit ARMC’s website at www.arrow- headmedcenter.org. For more information about the free Ostomy Education Day, please contact Davis at 951-756- 2202, or call 951-878-8622.
