To: Honorable Mayor and Members of Town Council
From: Sally Misare, Town Clerk
Title
Discussion/Direction: Speaker Procedure for Unscheduled Public Appearances
Body
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Executive Summary
Councilmembers requested discussion regarding potential changes the Speaker Procedure for Unscheduled Public Appearances be scheduled as an agenda item.
As a brief background, before a motion was made at the May 19, 2015 meeting, Council procedure was to allow four (4) minutes per speaker, with no aggregate time limit on speaking, and no preference given to residents versus non-residents.
At the May 19, 2015 meeting, Council determined by a vote of 6-1, that in order to more effectively manage the agenda, and allow for timely completion of all Town business scheduled on the agenda, comments would be limited to three (3) minutes per speaker, for an aggregate of 30 minutes, or until all residents had been heard. If the total time allotted of 30 minutes was not used by residents, non- residents would be allowed to speak in the order they signed up.
It is important to note that this revised procedure applied only to speakers wanting to address the Council on issues that were not scheduled on the agenda. The procedure as it related to scheduled agenda items was not changed. Anyone wishing to talk on a scheduled agenda item is allowed to speak for 4 minutes and no aggregate time limit was imposed. Please note, there is no legal obligation for the Town Council to entertain Unscheduled Public Appearances as part of their agenda.
When the matter was revisited at the June 16, 2015 meeting, the Town Attorney’s office raised some issues about making frequent changes to this procedure. Additional information on the subject has been provided to Council in a confidential memorandum from the Town Attorney’s office.
Council has several options to consider in its determination whether or not to amend the current procedure for Unscheduled Public Appearances.
Additionally, it is important to note that none of the following options would have any impact on time speakers are allowed to address Council on scheduled agenda items.
Available Options Include:
1) Retain the procedure as adopted on May 19, 2015 (3 minutes per speaker, an aggregate of 30 minutes, or until all residents have been heard).
The advantages of this are that it allows Council to move efficiently through the agenda with some certainty as to timing to assure Town business is concluded, and it gives preference to comments of residents.
The disadvantage of this is that it might limit the number of nonresident speakers, and everyone may not have the opportunity to be heard.
2) Allow all residents to speak for 3 minutes each, and include an additional 15 minutes aggregate for nonresidents (at 3 minutes per speaker).
The advantages of this are it would allow all residents to speak, and would provide certainty that at least some nonresidents would have the opportunity to address Council.
The disadvantages of this are some nonresidents may not have an opportunity to be heard, and it creates some challenges with scheduling agenda items in the event there are no unscheduled speakers.
3) Allow three minutes for all speakers, with no aggregate time limit.
The advantage of this is that increases the likelihood that everyone will have a chance to be heard.
The disadvantage of this is it could hamper the ability of Council to efficiently conduct the business of the Town, and could negatively impact the ability to adhere to the schedule -- particularly if there are a large number of speakers.
4) Revert back to the previous procedure of 4 minutes per speaker, and have no aggregate time limit, and no preference for residents vs nonresidents.
The advantage to this approach is that it allows anyone wishing to address the Council to do so.
The disadvantage is that it makes agenda planning more difficult, and can cause hearings for scheduled items to be delayed past their anticipated time on the agenda, creating an inconvenience for applicants, consultants, and members of the public wishing to speak on a scheduled agenda item.
5) Allow 4 minutes per speaker, but keep the 30 minute aggregate time limit.
The advantage to this approach is that it allows for better agenda planning related to estimating when certain scheduled items will be heard.
The disadvantage is that it limits the number of speakers that may be heard.
6) Allow 4 minutes per speaker but extend the aggregate time cap to 45 or 60 minutes.
The advantage of this approach is that it would allow more speakers to be heard.
The disadvantage is that all speakers still may not be heard. This approach also makes agenda scheduling more difficult in that if an hour is allotted, and there are no speakers, the rest of the estimated times for scheduled agenda items could be significantly off track.
7) Any other combination of limits on individual speaker time and/or aggregate time limits desired by Council.