Elected Official signs up to speak during public comments

[Guest Agnes Murphy]

The agenda includes public comments on the agenda items at the beginning of the meeting.  In addition, the agenda includes public comments on any topic at the end of the meeting.  Immediately before the public comments at the end of the meeting, there is a section for Board comments.  

Prior to the meeting, the public signs up to speak and can sign to speak at both the beginning and the end, if they so choose.  There is a cantankerous Board member who, on a regular basis, signs up.  At the public comment time, he then leaves his seat at the Board table, walks to the podium and speaks, often criticizing the Board as a group or particular members of the Board.  

Does Roberts Rules allow a Board member to speak as a citizen/resident during some parts of the meeting and then as a Board member during the rest of the meeting?

Thank you.

[Joshua Katz]

RONR does not speak of a public comment period, except to note that organizations may have one. Your public comments are governed by your rules. Therefore, RONR has no rules about whether a board member may also speak as the "public." 

While I can't think of any relevant binding rules, there are items in RONR whose spirit suggests a board member should not criticize board decisions in pubilc after having a full opportunity to participate in the decision-making. In the introduction, for instance, we learn that dissenting members should join happily in the work of carrying out the decision, until such time as it may be rescinded. Additionally, committee members may not publicly disparage the committee proceedings. A board is not a committee, but I would think some of the spirit of that rule may apply.

However, your comment says he criticizes particular members of the board. That is improper whether he is a board member or not. There are rules of decorum, and personal attacks are not permitted during meetings.

[Josh Martin]

On 1/3/2024 at 5:46 AM, Guest Agnes Murphy said:

Does Roberts Rules allow a Board member to speak as a citizen/resident during some parts of the meeting and then as a Board member during the rest of the meeting?

RONR has no rules on this matter. This is entirely governed by the board's own rules on this subject. If those rules are presently unclear, the board is free to amend the rules on this matter.

This is what little RONR has to say on the subject of public comment.

"In meetings of many public bodies, such as school boards, the public may attend. Similarly, in some private organizations such as church councils, parishioners may be permitted to attend. These attendees are not members of the meeting body and ordinarily have no right to participate. Some bodies, especially public ones, may invite nonmembers to express their views, but this is done under the control of the presiding officer subject to any relevant rules adopted by the body and subject to appeal by a member. Often, by rule or practice, time limits are placed on speakers and relevance is closely monitored." RONR (12th ed.) 9:29

[Gary Novosielski]

In my opinion this practice is bad form at best. 

I think it is a backdoor way for a member to seek to exempt himself from the rules of debate, decorum, criticism of the chair's decisions (other than an Appeal), criticism of the body's decisions (other than as a motion to rescind or amend them), or any other comments that would not be in order if attempted from his seat as a member.

However, since the meeting is ongoing, and he is still a member of the body, I fail to see how any of those rules stop applying to him because he chooses to occupy a different location in the room.  If he wishes to become a non-member of the board he is free to resign.

If I were in the chair I would rule that since he remains a member, this behavior is inappropriate, and place the question before the body, to decide if it wants to put up with this nonsense or not.

[Joshua Katz]

On 1/3/2024 at 1:05 PM, Gary Novosielski said:

I think it is a backdoor way for a member to seek to exempt himself from the rules of debate, decorum,

Why would a member of the public giving comments during a meeting be exempt from the rules of decorum?

 

[Gary Novosielski]

On 1/3/2024 at 1:07 PM, Joshua Katz said:

Why would a member of the public giving comments during a meeting be exempt from the rules of decorum?

Not all of them, certainly, but a member of the public might, for instance, express dismay that a certain member voted a certain way which was at variance with what the member had promised before being elected, which comment would not be in order from a member after the vote.  A non-member might also use the second person and get away with it.  Again, if I were presiding, I would prefer all remarks to be addressed to the chair, but the public often finds it difficult to adjust to this method of speaking.

Any significant breach of decorum would be out of order in any case, of course.

 

[Richard Brown]

RONR has nothing to say on this.  It is up to the body itself to determine whether this type of conduct is permissible.  I note, however, that there might possibly be something in your state's open meetings laws (sunshine laws) that address this. 

Edited to add:  A rule could be adopted regarding comments by board members.  Also, it can be handled by a point of order that such conduct is not permissible, a ruling by the chair, and an appeal of the chair's ruling.

Edited January 6, 2024 at 06:34 PM by Richard Brown
Added last paragraph