Criticized for restricting public comment, city council vows to respect the Brown Act

At a San Diego City Council meeting this summer, the chamber was a sea of navy blue from the early morning hours. Swaths of the city’s police force had arrived en masse. Even Mayor Todd Gloria showed up.

The day was meant to be ceremonial, or at the very least symbolic. Fronting the council agenda on June 4 was a proclamation declaring the date Police Chief David Nisleit Day. After 36 years with the force, his last six as police chief, Nisleit would be donning his navy blue uniform one last time that week.

One by one, city officials from Councilmember Marni von Wilpert to Gloria took turns speaking on Nisleit’s legacy. And the outgoing chief himself gave a few but lasting words to wrap up his tenure: “I will continue to love this city, but I will be on the sidelines rooting for all of you.”

But on the sideline elsewhere, an undercurrent of frustration began to brew.

Unlike for other items on the agenda, public testimony was not permitted before or during the presentation of the proclamation.

That drew the ire of a group of community members who suggested the council was violating the Brown Act, California’s open meetings law. Former state Assemblymember Lori Saldaña, one of those barred from commenting, later threatened to sue the city.

In a resolution passed Tuesday evening, the city reiterated its “unconditional commitment to cease, desist from, and not repeat any act preventing public testimony on items presenting proclamations ...