Rules for public comment?

[Guest Inchargemom]

During our town council meetings, there is a public comment period. When the commenter speaks (5 minute limit), is anyone on the council allowed to respond? Ours seem to use up the 5 minutes answering or debating or ignoring the speaker completely. Is there a rule for this situation? 

[Josh Martin]

Just now, Guest Inchargemom said:

During our town council meetings, there is a public comment period. When the commenter speaks (5 minute limit), is anyone on the council allowed to respond? Ours seem to use up the 5 minutes answering or debating or ignoring the speaker completely. Is there a rule for this situation? 

RONR has no rules on this matter. The answer to this subject might be found in applicable law or in the council's own rules on this subject. Failing that, such matters would be at the council's discretion.

[Alicia Percell, PRP]

Under RONR, meeting guests who are not members of the body which is meeting are not necessarily entitled to speak at all, and if they decide to allow non-members to speak, RONR doesn't set time limits or rules about responses to such comments. 

As Mr. Martin noted, though, the answer might instead be found in applicable law or a town council policy.  Many governmental bodies operate under laws which give the public certain rights to make public comments at the meetings, and these laws MIGHT set some limits on their options to respond particularly if the topic is not on the agenda, etc.  Such legal questions are for attorneys to address rather than for parliamentarians.  If you don't know any attorneys you could ask, maybe just ask the city attorney.  He's not your personal attorney, so don't expect to get legal advice, but since this topic is part of his job, he should be able to off the top of his head answer the basic question of where you can find the applicable rules so that you can read them for yourself.  If it's not easy to ask him informally before or after a town council meeting begins, maybe ask the question during public comments at the next meeting, and maybe they'll answer it for you.  Another option might be to put in a public records request with your town clerk for a copy of the rules which govern public comment at the meetings.

[RSW]

On 4/14/2021 at 9:15 PM, Guest Inchargemom said:

When the commenter speaks (5 minute limit), is anyone on the council allowed to respond? Ours seem to use up the 5 minutes answering or debating or ignoring the speaker completely.

Are they using the *commenter's* time to speak? 

If so, and if the commenter were considered to have the same rights as a member of the assembly, ignoring / interrupting / debating them or otherwise curtailing their time would seem to be a breach of RONR 4:31 unless it were for some procedurally-valid reason.

Somebody wiser than I would be able to weigh in on whether somebody making public comment (who is, effectively, engaging in some manner of debate about a pending issue) and who has formally been recognized to speak by the chair is generally considered to have the same rights as a member of the assembly.

[Josh Martin]

33 minutes ago, RSW said:

If so, and if the commenter were considered to have the same rights as a member of the assembly, ignoring / interrupting / debating them or otherwise curtailing their time would seem to be a breach of RONR 4:31 unless it were for some procedurally-valid reason.

Somebody wiser than I would be able to weigh in on whether somebody making public comment (who is, effectively, engaging in some manner of debate about a pending issue) and who has formally been recognized to speak by the chair is generally considered to have the same rights as a member of the assembly.

So far as the rules in RONR are concerned, a nonmember who is granted permission to speak is not considered to have the same rights as a member of the assembly.

This does not necessarily mean members can interrupt the speaker for any reason they wish, but there is more latitude in this regard than when a member is speaking in debate. For example, I think a procedural motion to end the speaker's time early would be in order, which would not be permissible for a member unless there was a violation of decorum.

This is likely all irrelevant, since it seems extremely likely that the rules on this subject will be governed by the council's rules and/or applicable law.

Edited April 16, 2021 at 01:01 PM by Josh Martin

[RSW]

1 minute ago, Josh Martin said:

So far as the rules in RONR are concerned, a nonmember who is granted permission to speak is not considered to have the same rights as a member of the assembly.

Would the protections in 4:31 still apply to such a person? Specifically:

Quote

Although the presiding officer should give close attention to each speaker’s remarks during debate, he cannot interrupt the person who has the floor so long as that person does not violate any of the assembly’s rules and no disorder arises. The presiding officer must never interrupt a speaker simply because he knows more about the matter than the speaker does.

 

[Josh Martin]

4 minutes ago, RSW said:

Would the protections in 4:31 still apply to such a person? Specifically:

No, I do not think so. The rule in question provides that the presiding officer cannot interrupt the speaker "so long as that person does not violate any of the assembly’s rules and no disorder arises." I do not think the prohibition against interrupting a nonmember is quite as strict.

I think it is still correct that the presiding officer should not "interrupt a speaker simply because he knows more about the matter than the speaker does."

A member has a right to speak in debate, and that right may only be curtailed in accord with the rules in RONR on that subject. Conversely, a nonmember is extended a privilege to speak in debate by the assembly, and that privilege may be revoked by the assembly at any time and for any reason.

Again, this is likely all irrelevant, since it seems extremely likely that the rules on this subject will be governed by the council's rules and/or applicable law.

Edited April 16, 2021 at 01:05 PM by Josh Martin

[RSW]

5 minutes ago, Josh Martin said:

Again, this is likely all irrelevant, since it seems extremely likely that the rules on this subject will be governed by the council's rules and/or applicable law.

Absolutely. I just found myself wondering how RONR would handle the situation - thanks for clarifying.

Either way, I think that whether the council members are using *their* time or taking from the *commenter's* time could be a relevant consideration when looking at the applicable rules / law.

[J. J.]

1 hour ago, Josh Martin said:

So far as the rules in RONR are concerned, a nonmember who is granted permission to speak is not considered to have the same rights as a member of the assembly.

Just to clarify, the rules may be suspended to permit a nonmember to enter debate (and presumably to make motions as well).  He still could not vote.  (25:9, fn. 7)

The nonmember  would have the same rights as a member in regard to debate while the rules are suspended. 

Edited April 16, 2021 at 02:22 PM by J. J.

[Richard Brown]

19 minutes ago, J. J. said:

Just to clarify, the rules may be suspended to permit a member to enter debate (and presumably to make motions as well).  He still could not vote.  (25:9, fn. 7)

Did you by chance intend to say the rules may be suspended to permit a nonmember to enter debate? 

[J. J.]

2 minutes ago, Richard Brown said:

Did you by chance intend to say the rules may be suspended to permit a nonmember to enter debate? 

Yes, I will correct it.