About Kevin Wilk https://www.walnut-creek.org/government/city-council/kevin-wilk
About Holly Tillman https://www.holly4claytoncitycouncil.com/meet-holly
About Jared Asch https://www.linkedin.com/in/jaredasch/
Capstone Government Affairs & Economic Development https://www.capstonegov.com/
Over the past few weeks, public agency boards across California have been targeted by online hate groups making antisemitic and bigoted statements during public comment periods. We expect this pattern to continue, and given the recent increase in hate across the state, we are reaching out to ensure your agency is prepared.
Specifically, a small group of individuals have virtually joined public meetings and, while concealing their identity, used open public comment to spread antisemitic conspiracy theories and make hateful slurs. The ultimate goal of these speakers is not to impact public policy, but rather to spread hate and gain new online followers by “trolling” and “getting a reaction” out of the public with shocking and inflammatory language.
JCRC Bay Area and the Bay Area Network of Jewish Officials (BANJO) have prepared the following checklist to proactively assist public agencies in preparing for the possibility of hate speech during their meetings. Special thanks to Rafael Brinner (Director of Community Security) and Seth Brysk (Chief Officer, External Affairs and Partnerships) at the the Jewish Community Federation for their assistance. Please feel free to share this information with other elected officials and colleagues.
Checklist: Preparing for Hate Speech at Public Comment
Consult with your legal counsel, agency manager, and board clerk about meeting procedures and planned responses to hate speech
Adopt a resolution encouraging civility during public comment (Sample text)
Open and close public comment with a statement of values (Sunnyvale sample)
Warn and then remove speakers using threatening language, disrupting the meeting, or not speaking on topic (Sample script, “Disruption” legal standard)
Adopt a resolution condemning hate and antisemitism (Sample language)
Educate staff about Jewish identity and antisemitism with a JCRC DEI workshop (More here).
Consult with community organizations for DEI workshops about other historically marginalized groups
Other Ways to Adapt Public Comment Procedures
JCRC believes that every public board should organize its meetings in a manner that best meets the needs of their community. While we recommend consulting with your legal counsel, some jurisdictions have implemented changes to public comment periods which include:
Moving the open public comment period to the end of meeting agendas
Closing public comment periods after a reasonable time when hate speech commences
Providing board members signs affirming the agency’s commitment to inclusivity
Physically turn one’s back to hateful speakers to show opposition
Having the meeting chair call for a recess
Creating an optional agenda item about “confronting hate speech” that can be immediately elevated during the meeting
Requesting speakers provide their full name and location prior to speaking
Ending the option to provide virtual public comment
Legal Memo: Hate Speech During Public Comment (Source: Rob Epstein, City Attorney, City of San Rafael)
Background on Goyim Defense League (Source: ADL)
Guide to the Brown Act (Source: California Attorney General’s Office)
“How antisemites are using a Covid accommodation to disrupt local government meetings” (Source: JWeekly op-ed; Kevin Wilk, Councilmember, City of Walnut Creek)
Connect with Jared Asch on LinkedIn
Find out more about Capstone Government Affairs at their website
Connect with Capstone Government Affairs on LinkedIn
