Board to study limits on off‑topic public comments after members object to unrelated submissions

Member Schaeffer asked the State Board of Equalization on Sept. 16 to consider a screening process to prevent public comments unrelated to the board’s jurisdiction from being read into the record.

Schaeffer said some written comments submitted to the board addressed matters far outside BOE authority — for example, opposition to a Governor’s redistricting plan — and proposed giving the executive director, with counsel’s concurrence, authority to reject comments that are “totally outside the board.” He told members, “I would, suggest that we consider, giving, executive director along with the consent of the counsel of our good attorney, the jurisdiction to reject something that's totally relevant to our board.”

Chief Counsel Richard Moon responded that the item before the board was a public‑comment, none‑agenda period and that historically the board has read submissions on matters not on the agenda. Moon said, “We can, however, take a look as to sort of what the limits of limitations on that would be, and we would be happy to do that.” Executive Director Yvette Stowers advised Member Schaeffer to submit a short memo outlining the requested change; she said staff would place it on a future agenda as a board member matter and provide a timeline.

Board members discussed constraints of the Bagley‑Keene Open Meeting Act and the Brown Act (state open‑meetings law principles were referenced) and noted that a policy change would require an agendized discussion so the board could consider legal limits and public‑notice requirements.

The board did not adopt a new policy at the meeting. Instead, members directed staff to analyze the legal authorities and present the matter for formal consideration at a future meeting, with Member Schaeffer to prepare the initiating memo.