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Board affirms practice allowing anonymous public comment, citing Bagley‑Keene and AG guidance
Summary
After debate over printed guidance that describes sign‑up as voluntary, the Board of Equalization voted to affirm its longstanding practice of permitting anonymous commenters at public meetings, citing Bagley‑Keene Act and Attorney General guidance. The motion passed 4–1 with Member Schaffer opposed.
The Board of Equalization voted to affirm its current practice of advising the public that they may comment anonymously at public meetings, reiterating a legal opinion that Bagley‑Keene and Attorney General guidance support allowing anonymous speakers.
Vice Chair Lieber moved the measure to “affirm our current practice of advising the public of their right to make comments anonymously, pursuant to Bagley‑Keene.” Deputy Controller Amron seconded the motion.
Legal staff summarized prior analysis finding that the board’s long‑standing practice — in place for many years — to allow anonymous public comment is consistent with the Bagley‑Keene Open Meeting Act and Attorney General opinions interpreting that law. Mr. Moon, BOE legal staff, told the board that courts treat public meetings as public forums and that any restriction on anonymous speech would require a compelling state interest that the board concluded does not exist in this context.
Member Schaffer urged tighter written guidance, arguing the board’s standard public comment form goes beyond the statute by adding language he described as “free legal advice” that completes the sentence “completing a public comment appearance sheet is voluntary; speakers who decline to fill out an appearance sheet will not be precluded from speaking.” Schaffer said he objects to the additional explanatory language and asked staff to consider a simpler form like other agencies use.
Board members said chairs retain authority to cut off disruptive or irrelevant comments and that criminal threats would be handled by law enforcement. Deputy Controller Amron said the board’s discretion and the chair’s procedural authority have proven sufficient in past incidents; Ms. Stowers, the executive director, confirmed the same language appears on the hard‑copy comment sheet used at in‑person meetings.
Roll call produced four ayes and one no: Chair Gaines, Vice Chair Lieber, Member Vasquez and Deputy Controller Amron voted yes; Member Schaffer voted no. The clerk announced the motion carried. The board requested a copy of the resolution for Member Schaffer.
