BURBANK MAY CURB COMMENTS.

Byline: Helen Gao Staff Writer

BURBANK - Residents routinely sound off about city services, proposed development projects or other aspects of city business during the oral communications portion of City Council meetings.

But the use of the time to campaign for local candidates and ballot measures has raised concerns by some who question whether the practice is appropriate.

This issue will be taken up by the City Council during its 6:30 p.m. Tuesday meeting at City Hall, 275 E. Olive Ave.

Mayor David Laurell raised the issue after supporters of Measure A, the voter-approved ballot initiative to limit Burbank Airport's growth, played a video campaign spot during oral communications last year.

Because council meetings are broadcast on government access Channel 6, some claim that Measure A supporters essentially campaigned at the public's expense, using taxpayer-funded air time.

``My feeling is it's the sentiment of the council that within the context of a City Council meeting it's not an appropriate venue to campaign,'' Laurell said.

The oral communications period, he said, is meant for people to bring issues and concerns to the attention of the council.

Howard Rothenbach, a leading proponent of Measure A who used the speech time to play the Measure A campaign video, defended his action.

``It's all part of the political process,'' he said. ``To campaign for something is a protest against the status quo.''

City Attorney Dennis Barlow said the law is murky on the issue and that arguments have been made both for and against the right of the public to campaign during oral communications.

On the one hand, he explained, once candidates and issues are on the ballot, they are no longer within the jurisdiction of a public agency, and therefore comments can be restricted.

However, the flip side is that once voted upon, candidates or measures fall within the jurisdiction of a public agency, and therefore campaigning should be allowed, he explained.

``Implicitly, if they (the public) are going to talk about ballot measures and candidates, they are criticizing the elected officials out there. That's a right they have,'' said Barlow, who is recommending against the council adopting any restrictions on oral communications.

He is worried that any restrictions might run afoul of the public's First Amendment rights.

The state Attorney General's Office has not issued any opinions on the subject. However, Barlow's assessment is backed by the California League of Cities, which stated in a publication that campaigning during oral communications is ``an implicit criticism of the incumbents.''

Burbank city officials said Glendale is the only city they know of that has a policy prohibiting campaigning during oral communications. Speakers who violate the policy are issued a warning, and if they persist in campaigning, they are to be escorted from the council chamber.

Last year, the leader of a campaign to recall Glendale Mayor Gus Gomez was told to stop her speech at the council podium.