AND NOW THE BOARD WOULD LIKE TO HEAR…

PUBLIC COMMENT

Presented byNasha Y. Torrez

PUBLIC COMMENT TIME BENEFITS Allows Community input. Helps the Board better understand the

pulse of their constituents. Gives the District more balance in

decision making.

PUBLIC COMMENT TIME DRAW BACKS Can make for really long Board meetings.

Can open doors for hurt feelings, negativity, and maybe even slander.

Can be frustrating and a lot of work for the presiding officer.

DEVELOPING A PLAN IN ADVANCE OF YOUR MEETINGS IS KEY.

LEGAL RESTRICTIONS:FREE SPEECH Both the U.S. & N.M. Constitutions prohibit

governmental entities (like school districts) from taking any action to abridge a person’s freedom of speech.

The District shall take no action abridging the freedom of speech or the right of the people to petition the Board for redress of grievances.

U.S. Const. Amend. I, XIV; NM Const. art. I, § 17.

LEGAL RESTRICTIONS:FREE SPEECH Courts have interpreted this to

mean that speech may be restricted as to the:Time,Place, andMannerBUT NOT on the basis of content of the

speech or the message it conveys.

LIMITED PUBLIC FORUMThe Board may create a limited public forum for the purpose of hearing comments from the public so long as:

1. The Board does not discriminate against speech on the basis of viewpoint;

2. Any restrictions are reasonable in light of the purpose served by the forum; and

3. The Board provides alternative paths for expressing categories of protected speech that are excluded from the forum.

THE “LIMITED PUBLIC FORUM”Limitations on comments must be reasonable: Subject Matter

School-Related Sign up and state the school-related subject

Personnel Issues May be more appropriate for a Closed Session under

OMA. Performance of public employees is a matter of public

concern. May be referred to grievance policy

Be Consistent! See Handout page 3 for case law & more detail.

LEGAL RESTRICTIONS:OPEN MEETINGS ACT

The Open Meetings Act (“OMA”) provides that “all persons desiring shall be permitted to attend and listen to the deliberations and proceedings.” NMSA 1978 § 10-15-1(A) (1999).

A local school board is not required under OMA to allow public participation or public comments at its meetings; rather, the law requires only that all board meetings be public, unless a closed session is permitted by the OMA.

LEGAL RESTRICTIONS:NM ATTORNEY GENERAL The NM AG has said generally that a school

board may limit or decline to allow public debate and may take steps necessary to maintain public order at its meetings.

The NM AG wrote that a school board president may permit, deny, or regulate public participation at a school board meeting, so long as the president has authority to do so under the board’s rules and so long as the board president does not act “arbitrarily or capriciously” and the board’s rules are not “unreasonable, arbitrary or capricious.” NM Att’y Gen. Op. 90-26.

GOOD POLICIES & PROCEDURES Decide what works best for your Board

and community. Within the law and reason.

PARLIAMENTARY PROCEDURE:AGENDA Designate Public Comment time on the Agenda.

Can be at beginning or end of the meeting. Can set a time limit for the total amount of time

allowed for Public Comment on the Agenda. Can be limited to regular meetings only, instead of

Board Study Sessions (for example). Gives the community notice of what they can come

and talk about. OMA. Response for Topic Not on Agenda

Recitation of existing policy in response to the inquiry. Proposal to add a topic to a future meeting.

Response for Topic on the Agenda Reserve discussion until the agenda items is reached.

GIVE NOTICE OF THE PROCESS Sign-up for all speakers before the

meeting begins. Have copies of Board rules and policies

regarding public comment. Board President should state rules,

including the fact that matter may be referred to grievance process if appropriate.

DISTANCING THE BOARDPresident may make a disclaimer and/or warning to make sure the public understands that the statements made during public comments time are the opinion of the speaker and not necessarily that of the Board members or staff.

TIME LIMITS

Everyone does not have to be allowed to speak.

Repetitive comments can be limited. Time limits for all comments and for

individual speakers can be set. Groups may designate spokesperson. Board President may enforce

guidelines.

REPEAT SPEAKERS Can a Repeat Speaker be Prohibited?

By Topic? By Individual Speaker?

Can refer speaker to grievance policy, if appropriate.

CAUTION: Err on the side of allowing speech

CONDUCT OF SPEAKERS Some Criticism is to be Expected

“Democracy at its Best and its Worst” Do not allow Personal Attacks of:

Board Administration Others

Prohibit Uncivil Conduct Yelling, Obscenities, Disruption

NAMES?Be Consistent…

If names are allowed to praise a job well done, it will be difficult to justify prohibiting names to criticize conduct or a decision.

AND NOW THE BOARD WOULD LIKE TO HEAR…

PUBLIC COMMENT

Nasha Y. Torrezntorrez@wabsa.com