Text · page 13 of 14
Read the whole document on one page (all 14 pages, each with its own heading)
Appendix B Maintaining Decorum at Public Meetings We have received inquiries regarding public participation in town board meetings and public hearings. Specific methods to maintain decorum have been the focus of many of these questions. In some cases, one or more persons pontificate at length at virtually every meeting about any subject whether or not related to the specific purpose o f a public hearing or legitimate town business. The character of their comments may engender hostility or chaos, threatening the viability of the meeting. In other situations, impassioned residents interested in a particular subject, may be disruptive. What can a town board do in this and in other situations? First, we note that the law does not require that town boards set aside time at regular town board meetings for public comment. In fact, however, many towns do allocate a portion of each regular town board meeting for public comment. On the other hand, public participation is the purpose of a public hearing, which is required prior to the adoption of a local law or ordinance and in other cases. Towns are authorized to enact rules and regulations regarding the conduct of public meetings and public hearings. Town Law, §130(1). Some residents restrained by these rules will insist that the town board has unconstitutionally limited their right of free speech. The response to these claims is that the town board has responsibility to ensure that everyone has the right to participate and, therefore, the contents, length, and general nature of public comments can reasonably be limited. Thus, reasonable limitations on speakers are necessary to ensure public participation by numerous speakers presenting various points of view for consideration by the town board and attendees at the public hearing or public meeting. Such rules and regulations are consistent with, and in fact help guarantee the rights of free speech: In order to ensure that decorum is maintained at public meetings, we suggest the following procedures: The town board should establish rules and regulations concerning the conduct of public meetings and hearings and post these rules prominently at the town hall and at the location of all meetings and public hearings. Consideration may also be given to placing a notice in the official newspaper that these rules and regulations have been established. The following are sample rules: 1. For town board meetings and hearings, establish a time fran1e when public participation will be permitted. For board meetings and hearings, establish a time allocation for each speaker. 2. Require that persons desiring to speak at a public meeting or hearing sign a sheet upon entering the room, indicating their intention to speak, for use by the supervisor in recognizing speakers. The supervisor may, in his discretion, recognize additional speakers upon request, after taking into consideration the number of registered speakers and the total time for public comment 3. Have each speaker state his or her name and the subject be or she will be addressing. The purpose of this requirement is to help ensure that comments relate to town business and in the case of a public hearing, the subject of the hearing. 4. Comments by speakers must be addressed to the town board. Attendees may not address the board until recognized by the town supervisor. 5. Discussion between speakers and attendees of the public meeting or hearing should. be prohibited. A speaker may disagree with or support prior speakers in comments directed to the town board.