Know the rules—and your rights—in public comment

Most folks assume that they have the right to freely speak their piece at local government meetings, but it turns out that guaranteed public comment is not a given.

Is a city council or school board meeting a time for residents to have their say? Or is it a time set aside for elected officials to buckle down and do the public’s business?

Most folks assume that they have the right to freely speak their piece at local government meetings, but it turns out that guaranteed public comment is not a given. Comment is limited by time and schedule constraints, and not all public meetings are the same.

While open comment is a traditional activity in regular meetings by local governments, the practice is bound by a set of rules—as the Snoqualmie Valley School District Board of Directors made clear following a spirited discussion on bullying prevention this fall that had Board President Carolyn Loudenback banging her gavel to quiet parents in the audience.

According to Snoqualmie City Clerk Jodi Warren, there is no legal right for a citizen to speak at a city council meeting. She reads the Open Public Meetings Act to say that the public has a right to attend public meetings, but says it does not address speaking at those meetings.

The cities of Snoqualmie and North Bend allow for and encourage public comment and participation. In Snoqualmie, residents may approach the podium at the start of meetings to address topics not on the agenda, and have five minutes to speak. When residents seek to comment on agenda items, they may be recognized, asked to approach the podium, and then have two minutes to speak. Snoqualmie Mayor Matt Larson often makes multiple appeals to the audience for public comment during action items and before concluding meetings.

North Bend officials say they have a fairly liberal public comment policy. Besides the early invitation, the North Bend council takes comment for each action item before they vote. Speakers have three minutes to finish, and may also be given additional time by Mayor Ken Hearing.

At Snoqualmie Valley School District board meetings, public comment is taken near the end of the meeting, prior to items considered for the good of the order. Residents may also request to comment during agenda items by raising their hands and being recognized by the chairperson. Comments are limited to two minutes and should be concise and the point.

According to the district’s meeting rules, citizen concerns should be directed to the proper staff person first, outside the meeting, and should only be brought to the board after concerns have not been resolved at that level.

North Bend City Administrator Duncan Wilson told me that, with rare exceptions, citizens are not allowed to butt into council deliberations, and that council members are not supposed to get into arguments with people offering comment or answering questions. His rule of thumb: comment time is for comments and public hearing time is for testimony.

It’s understandable that boards and councils would seek to put boundaries on comment sessions. After all, a busy meeting can last three hours or more. Elected official have jobs and families, too, and at some point, they have to cut off a speaker and move on with the people’s business. An impassioned speaker should be able to make his or her case in three minutes. Failing that, there are other venues, including public hearings, e-mail and the old fashioned phone call.

Meetings should strike a balance between efficiency and discussion. Citizens may not have the official right to speak at these meetings, but they do have the weight of custom and common sense on their side. Boards and councils represent their public and need to hear from many voices to gain the truest picture. Ultimately, they answer to the citizenry. Elected officials who flaunt the public’s trust may have a new calling come election day.