Chaffee

Chaffee v. San Francisco Public Library Commission

Good Law
134 Cal. App. 4th 109·2005 Cal. App. LEXIS 1810·2005 Daily Journal DAR 13482·36 Cal. Rptr. 3d 1·2005 Cal. Daily Op. Serv. 9872
Court of Appeal of CaliforniaOctober 26, 2005A109633California2,494 words

Opinion

Opinion

Rivera, J.

Plaintiff James Chaffee brought an action for injunctive and declaratory relief, alleging defendants had violated the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) (the Brown Act) and the San Francisco Sunshine Ordinance of 1999 (S.F. Admin. Code, ch. 67) (the Sunshine Ordinance) by not allowing a public comment period of three minutes per speaker for each agenda item at a meeting of the San Francisco Public Library Commission (the Commission). The trial court granted summary judgment to defendants. We affirm.

I. BACKGROUND

The Commission held a meeting on September 4, 2003. There were 12 items on the agenda. Higueras announced at the beginning of the meeting that public comment on each agenda item would be limited to two minutes per speaker, instead of the three minutes normally allotted to each speaker. According to a declaration prepared by Higueras in support of defendants’ motion for summary judgment, the Commission occasionally limits public comment to two minutes per speaker when necessary to allow the Commission to complete its agenda within a reasonable period of time, or before an anticipated loss of quorum. Before the September 4, 2003, meeting, Higueras…

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