Preface
During the COVID-19 pandemic, many public agencies, including Montclair, implemented virtual meetings to allow for public participation during stay-at-home directives. After Governor Gavin Newsom suspended pandemic-related emergency protocols in June 2021, many public agencies discontinued virtual meetings while others, including Montclair, continued to offer some form of virtual attendance and public comment option in addition to the in-person option.
An unfortunate byproduct of virtual attendance is a phenomenon known as “Zoom-bombing”—an unwanted, disruptive intrusion into a virtual meeting. While a Zoom session is in progress, unfamiliar users show up and hijack or dominate the session by saying or showing inappropriate material. The compromised Zoom session is then typically shut down by the host.
An incident of Zoom-bombing occurred at the March 4, 2024, meeting of the Montclair City Council. During the Public Comment section of the agenda, a number of “online” public members, when provided the opportunity to speak, proceeded to make antisemitic, racist, homophobic, and other hate-filled comments.
What is striking about Zoom-bombing is the level of hatred directed at people of color, people of Jewish descent, women and members of the LGBTQIA+ community.
In order to avoid a repeat of the March 4, 2024, incident of hate-filled speech at future City of Montclair public meetings, the City Council directed the City Manager to develop an appropriate policy statement and post it to the City’s social media accounts.
The following Policy Statement provides for the termination of online oral comments from the public. Members of the public can still submit written public comments for the record, or attend City Council meetings to make in-person comments.
The City of Montclair regrets the need to take this step. However, as indicated in the Policy Statement, the City Council has a duty and obligation to conduct “the business of the City with dignity, integrity and respect,” and protect all Montclair citizens “from the harmful and disruptive effects of racism and bigotry.”
The City of Montclair is a diverse community, proud of its past and developing culture and heritage, and respectful of people from all walks of life. The community speaks in one voice that there is no space for intolerance, hate speech, racism, misogyny, antisemitism, homophobia, bigotry, and advocacy of violence through abhorrent words couched in the rhetoric of hatred and hostility.
The Montclair City Council is welcoming of public participation at its meetings; however, the City Council condemns participation that introduces speech designed and intended to demonstrate vileness and hatred against any person or body of people based on race, ethnicity, religion, sexual orientation, or any protected class under California law. The use of such commentary is deemed unacceptable at all City of Montclair places of work and at meetings of the Montclair City Council, Montclair Planning Commission, Montclair Community Activities Commission, and subcommittees of the City Council.
The Montclair City Council has been charged with the tremendous task of conducting the business of the City with dignity, integrity and respect, and protecting all of its citizens from the harmful and disruptive effects of racism and bigotry. To that end, the Montclair City Council denounces the use of harmful speech that is an affront to our core values as a community, while concurrently committing to protect all residents from the disruptive effects of racism and bigotry.
Policy Statement
Effective March 13, 2024, and except as otherwise authorized by the City Manager, subject to ratification by the Montclair City Council, the City of Montclair shall discontinue accepting oral public comments via any video/teleconferencing application or platform including, but not limited to, Zoom, WebEX or Skype, telephonic devices, or any other web–based media, application or platform during meetings open to the public including, but not limited to, meetings of the Montclair City Council, Montclair Planning Commission, Montclair Community Activities Commission and sub–committees of the Montclair City Council.
The City of Montclair shall continue to accept “other forms of public comment” in compliance with the Ralph M. Brown Act and procedures of decorum as established be the Montclair Municipal Code and/or as adopted by the Montclair City Council. For purposes of this Policy, “other forms of public comment” shall include the submission of written comments to the City Clerk in advance of public meetings subject to this Policy and, when called on pursuant to procedures established by the City of Montclair, oral comments made by members of the public physically in attendance at meetings of the Montclair City Council, Montclair Planning Commission, Montclair Community Activities Commission and sub–committees of the Montclair City Council.
This policy may be amended or otherwise modified by the Montclair City Manager, subject to ratification by the Montclair City Council. This Policy shall not prohibit the use of video/teleconferencing for the purpose of receiving or making presentations, or otherwise conducting the business of the City as deemed necessary and appropriate by the Montclair City Manager.