A better process

Make Public Comment Inform the Decision

Public participation is an input to decision-making. It should not consume the decision-making process.

A proposed remedy · August 2026

Berkeley has a finite Council and staff attention budget. That constraint applies whether an issue is outside the City’s responsibility or at the heart of it.

In April 2025, Council held a special meeting devoted to Gaza. It lasted 6 hours and 44 minutes and heard 197 speakers. Gaza was a Category 3 matter: residents were entitled to care about it and Councilmembers could express their views, but Berkeley had little ability to affect the underlying conflict. The City nevertheless devoted an entire additional Council meeting to it.

The same problem can arise on Category 1 business. Police surveillance policy, including rules governing automated license-plate readers, is squarely Berkeley’s responsibility. It deserves careful analysis, public scrutiny, and a Council decision. But that does not mean hearing scores of substantially repetitive comments produces a better policy.

This page is the companion to Governance by Exhaustion, which sets out the problem.

A better process

Send complex policy questions to committee

Let the committee hear the staff presentation, question experts, receive public testimony, identify competing concerns, and develop amendments before the matter reaches the full Council.

Budget public-comment time

The Brown Act permits reasonable limits on the total time allocated to public testimony. A heavily subscribed item can receive a substantial but finite period rather than allowing the number of people who sign up to determine how many hours Council spends on it.

Seek information, not repetition

When organized groups have many supporters, use representative or block presentations where appropriate. Twenty minutes presenting the strongest case for each position may tell decision-makers considerably more than two hours of one-minute repetitions.

Make participation predictable

Schedule major items at identifiable times when possible and give meetings reasonable endpoints. Residents with children, jobs, patients, businesses, or caregiving responsibilities should not have to surrender an entire evening merely to find out whether Council will reach their item.

Then decide

Once the relevant evidence, competing arguments, and public concerns are understood, Council’s job is to exercise judgment.

What changes?

The public still participates. Opposing positions still reach Council. Complex Category 1 decisions still receive substantial scrutiny.

What disappears is the assumption that more speaker-minutes necessarily means more democracy.

The result should be shorter meetings, better-prepared decisions, more practical access for ordinary residents, and more Council and staff capacity left for the next problem Berkeley actually has to solve.

The goal is not less public participation. It is more useful participation per hour of Berkeley’s finite governing capacity.