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File Number: 21-161 <br />deadline were accepted and read into the record anyway. Live public comment via <br />teleconference, videoconference, or both has always been permitted. <br />In accordance with the alternative methods for submitting public comment, on February 8, 2021 at <br />3:35 p.m., Mr. Stephen Michael Tow submitted two public comments via email to be read aloud <br />during the City Council’s work session on February 9, 2021. Following the work session, Mr. Tow <br />submitted a cease and desist email dated March 2, 2021 pursuant to Government Code section <br />54960.2, alleging one of his public comments for the February 9, 2021 work session submitted by <br />email was not read into the record as he requested according to the City Council’s instructions <br />regarding alternative methods for receiving public comment. The comment was for Item 3, <br />general public comment on items not listed on the agenda, and was as follows: <br />“My name is Stephen Michael Tow, a resident of District 1, and I have lived in San Leandro <br />for almost 6 years. I have submitted dozens of public comments since last year. I have watched <br />and listened to dozens of hours of meeting recordings. I have regularly sought dialogue with <br />elected officials and city department leaders. I have combed hundreds of pages of meeting <br />materials, municipal codes, and third-party research. Throughout all of that, I have noticed <br />one commonality: we treat San Leandro like a small suburban town with part- time elected <br />officials, overpowered city executive staff, outside instead of in- house counsel, and a <br />workforce crippled by grossly overinvested police funding. It's past time to start thinking of San <br />Leandro as it actually is: a big city with big city problems that are tied to the major metropolitan <br />region we occupy. It's past time for a change in the city's charter and I urge the councilmembers <br />to take up this issue before we find ourselves woefully left behind. <br />Thank you for your time and attention to these comments.” <br />The City is committed to maintaining open and public meetings during this uncertain time due to <br />the COVID-19 pandemic. The need for open and public meetings must always be balanced with <br />logistical realities and staff capacity. Based on an internal investigation of Mr. Tow’s alleged <br />facts, the omission of his public comment was inadvertent and unintentional. In addition, to assist <br />and encourage the public to participate in its meetings during the unique impacts and real <br />difficulties to such participation caused by the COVID-19 pandemic, and the need to protect the <br />community by having all public meetings conducted virtually, the City chose to exceed the Brown <br />Act’s requirements, and Executive Order N-29-20’s requirements, and its own requirements by in <br />some instances accepting and reading aloud into the record public comment received after the <br />3:00 p.m. deadline. However, while the incident that prompted this action was incidental and <br />unintentional, in order to balance public participation against the risk of another inadvertent Brown <br />Act violation, necessary changes to City Council meeting rules and instructions will be made, and <br />going forward, strict adherence to public comment rules and instructions will be observed. <br />In response to the cease and desist letter, Govt. Code section 54960.2 provides that the City may <br />provide an unconditional commitment to cease, desist from, and not repeat the past action that is <br />alleged to violate the Brown Act. Pursuant to Govt. Code section 54960.2, an unconditional <br />commitment cannot not be construed or admissible as evidence of a violation of the Brown Act, <br />and is not an admission of wrongdoing. <br />RECOMMENDED ACTION <br />Page 2 City of San Leandro Printed on 3/10/2021 <br />100