Public comments at a meeting

[1turtle1]

Good Morning to All,

I have tow questions for you.

First, if there is a prepared statement that is read a Public Comment duing a meeting, should a copy of the read statement be included with the minutes?

Second, If the meeting is recorded, for the use of preparing the minutes, if and when can those tapes be erased/destroyed? I had heard since they were the recorded minutes, they couild not be erased/destroyed till the typed minutes had been approved at the next meeting

Thank you

[jstackpo]

The first of your questions is not answered by RONR.

See p. 93-4 for what RONR does sy about "Public Session".

Then turn to p. 444 for what RONR says about using a recorder and minutes.

Ask the person you "heard" it from where that rule - if it is a rule - came from. It isn't an RONR-rule.

[Gary Novosielski]

Good Morning to All,

I have tow questions for you.

First, if there is a prepared statement that is read a Public Comment duing a meeting, should a copy of the read statement be included with the minutes?

Second, If the meeting is recorded, for the use of preparing the minutes, if and when can those tapes be erased/destroyed? I had heard since they were the recorded minutes, they couild not be erased/destroyed till the typed minutes had been approved at the next meeting

You didn't mention what kind of an assembly you're talking about. RONR does not have an answer to the Public Comment question, but if you're talking about a public body that holds public hearings, it is common that statements are NOT included in the minutes, which only reflect that a public hearing was held. But in other situations, all public comments are collected and published, though usually not in the minutes, but in a separate document. It depends on the rules of the organization and what type of organization it is.

When meetings are recorded, the recording is NOT the "recorded minutes". It is simply a recording that may or may not help the secretary in the preparation of the minutes. Minutes, the official record, are always in writing. The recording can be erased or destroyed according to whatever the assembly decides. They may or may not make copies of the recording available to the public, depending on their own rules.

[Kim Goldsworthy]

Q. If there is a prepared statement that is read a Public Comment during a meeting, should a copy of the read statement be included with the minutes?

No.

It isn't a motion. Motions, and vote results, are to appear in minutes.

Debate, commentary, opinion, complaints, etc. are not to appear in minutes, if your minutes conform to Robert's Rules of Order.

Q. If the meeting is recorded, for the use of preparing the minutes, if and when can those tapes be erased/destroyed?

Anytime.

There is no rule in Robert's Rules which controls the disposition of tapes.

So, the owner of the tape(s) is free to order them to be archived, to be destroyed, to be sold on the internet, etc., since the owner controls the tape.

I had heard since they were the recorded minutes, they could not be erased/destroyed till the typed minutes had been approved at the next meeting.

Interesting rumor.

No, there is no such time line in Robert's Rules of Order.

The owner of the tape controls the tape, destroys the tape, erases the tape, eats the tape, etc., as the owner wishes, since it is his property.

[Gary Novosielski]

The owner of the tape controls the tape, destroys the tape, erases the tape, eats the tape, etc., as the owner wishes, since it is his property.

That's true, but the "owner" of the tape may well be the society, if it were recorded by virtue of a rule or vote of the assembly. The disposition of the tape would then be in a manner not inconsistent with that rule or vote.

If this was an open public meeting and someone in the audience recorded it, then the tape is not under the control of the assembly*, but in regular private societies the assembly has the right to control what recordings are made. If a tape was made without permission, we're way beyond the rules in RONR. Well, we sort of are already.

__________

* But even public bodies have the right to control the use of equipment insofar as it may be disruptive. Such matters are subject to statute, administrative code, and case law in your state, which would supersede the rules in RONR. For legal advice consult your attorney.