Milpitas council loosens ban on device use at dais, adopts “appropriate use” language

The Milpitas City Council voted unanimously Sept. 2 to revise its code of conduct to allow “appropriate” use of electronic devices at the council dais, replacing language that previously read “refrain from using electronic devices while on the dais.”

Council members and staff said the change is intended to reflect common practice while preserving transparency and public access to records. Assistant City Manager Matt Cano, who presented the item, told the council the handbook that contains the code has been updated several times since 2018 and that the proposed wording would allow “appropriate use of electronic devices during meetings.”

The change follows councilmember feedback and a March 2025 request from Councilmember Lam to focus on appropriate use rather than an absolute ban. Cano noted statutory considerations, saying the Brown Act requires public deliberations and the Public Records Act can treat messages about city business as public records; he also referenced the court decision City of San Jose v. Superior Court when explaining public-records implications.

Public comment was brief. Voltaire Montemayor, a resident, said device use can be acceptable "as long as there's no disruption." Councilmember Lam argued the new wording mirrors how council members currently work: “Most of us use electronic devices on the dais... As long as we use appropriately, I think it's better.”

After discussion, Lam moved to replace the phrase with “use electronic devices appropriately while on the council dais.” Vice Mayor Barbadillo seconded the motion. The vote was unanimous: Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lianne and Mayor Carmen Montano all voted aye.

The council directed staff to incorporate the revised wording into the code of conduct and include the updated language in future agendas.