C. Can a public body limit comment?

Under the Bagley-Keene Act, a body does not have to listen to comments on items that are not on the agenda or that were already considered in a public meeting where there was an opportunity to comment. Cal. Gov't Code §§ 11125.7(a).  Under the Brown Act, the public is entitled to comment on any matter within the subject matter jurisdiction of the legislative body, as well as any agenda item.  Cal. Gov’t Code § 54954.3(a).  See Galbiso v. Orosi Public Utility Dist., 167 Cal. App. 4th 1063, 1080, 84 Cal. Rptr. 3d 788 (2008). Thus, under the Brown Act, the legislative body does not have to listen to comments on items that are not within its subject matter jurisdiction. 78 Ops. Cal. Att'y Gen. 224 (1995). And, as under the Bagley-Keene Act, a legislative body under the Brown Act does not have to listen to comments on items that were already considered in a public meeting where there was an opportunity to comment. Cal. Gov’t Code § 54954.3(a).

In addition, under both Acts, the body may adopt reasonable regulations to ensure that the above provisions are carried out, including, but not limited to, regulations limiting the total amount of time allocated to each individual speaker for public testimony or comment on particular issues. Cal. Gov't Code §§ 11125.7(b) (Bagley-Keene Act); 54954.3(b) (Brown Act). A legislative body of a local agency may regulate the time, place and manner for speech to ensure orderly discussion. Baca v. Moreno Valley Unified Sch. Dist., 936 F. Supp. 719 (C.D. Cal. 1996) (Brown Act).