The Town Council has updated its web page posting the ‘unenforceable’ public comment rules adopted in April 2018. This is an updated to the TownUnderground post Town Council Reminds Residents of Public Comment Rules from 2017?. Why are the new rules unenforceable? We need to go back to a presentation held in 2017 Effective Public Meetings & The Right to Know. During this presentation the rules and guidelines for public comment were clearly laid out. Public bodies have very little say over what can be addressed in public comment a public body can only regulate time, place, and manner of speech when allowing public comment outside of a public hearing.
Time; a public body can set a time limit for comment, 2, 3, or 5 minutes. Place; the public body can set the place public comment is allowed, ie at the public meeting. Manner; fighting words can be regulated. All other speech cannot be regulated by the public body.
The Town Council approved the rules on April 16, 2018. When the rules were adopted Councilor Tom Dolan stated many of the rules were ‘aspirational’ and ‘not enforceable’ Councilors Tom Dolan, Ted Combes, Joe Green, John Farrell, and Jim Butler voted 5 to 0 to adopt the rules. The rules were not read into the record again until 2023. Interestingly meetings earlier in 2023 the time for public comment was set at three minutes, not the documented five minutes from 2018.
In addition the Londonderry Town Charter requires that each incoming town council adopt it own rules. As has been stated in the past a town council cannot encumber future councils to abide by their meeting rules.
Organizational Meeting: The Councilors so chosen shall meet in their capacity as the Council within ten (10) calendar days following their election for the purpose of taking their respective oaths of office, adopting rules and for the transaction of business required by law or ordinance to be transacted in such meeting.
Town Charter Section 3.2 A
Researching the organizational meetings from 2109 through 2023 show no discussion of, or a vote to adopt of the rules of 2018
There was a lot covered in the 2017 presentation, sadly many of the questions asked by public officials were in reference to limiting public comment during a meeting. I have always been an advocate for free speech and the publics right to be heard. Unfortunately these rules prohibit the public from freely speaking during public comment, they have not been adopted and most of them are unenforceable. In recent weeks we have seen an increase in limiting public comment, one of the most extreme cases was Londonderry Town Manager Bars Individuals from Town Property which I have been told is still in effect. The question should be asked why is the Town Council grasping at straws to limit public comment?
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Town Council Reminds Residents of Public Comment Rules from 2017?
Outdated: Town Council Rules of Order