PRESENTING COMPLAINTS BEFORE THE HUMAN RELATIONS COMMISSION

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OFFICE OF THE CITY ATTORNEY OPINION NO. 73-62 SEPTEMBER 18, 1973 SUBJECT: Presenting Complaints Before the Human Relations Commission. OPINION BY: James A. Withers, City Attorney BY: Daniel A. Salceda, Law Clerk REQUESTED BY: Commissioner JacK L. McFarland QUESTION: May the Human Relations Commission re- quest a citizen to refrain from using specific names when presenting a private complaint at a Human Relations Commission meeting? ANSWER: Yes. ANALYSIS: The Human Relations Commission is a duly established com- mission created by the inherent powers of the City Council of the City of Santa Ana (Charter Section 407). Being a recognized Oity entity, the C fission ha s. the power to establish guide- lines and procedure~or its operation u~or'the approval of~ t7ief"Ci~a_Council. Absent these guidelines and/or procedures, tie Commission~~will act and conduct itself in accordance with the by-laws of the City Council of Santa Ana. Although Santa Ana Charter Section 412 states "that no citizen shall be denied the right personally or through counsel to present grievances at any meeting of the City Council or to offer suggestions for the betterment of City affairs", the City Council still imposes reasonable limitations on the free exercise of expression of speech by: 1. Providing a specific time in its agenda for all oral communication. 2. Requiring oral communication to be related to grievances or suggestions for city betterment. 3. Limiting to five minutes the time for each presentation. The law is quite clear and consistent that the right of freedom of speech is not a liberty absolute into itself, and it must be measured by the public welfare and limited by it Chrisman re Culinary Workers Local No. 62, 152 P. 2d 553. Thus, reasona ~e restrict ons may e p aced upon the freedom and exercise of speech as to the time and place of the exercise as well as upon its content. 128