TO: Honorable Mayor & Members of the North Port Commission
FROM: Heather Faust, MMC, City Clerk
TITLE: Discussion and Possible Action Regarding Review and Possible Updates of City Commission Policy No. 2020-04 - Public Comment and City Commission Policy No. 2021-03 Rules of Order and Decorum.
Recommended Action
1. Direct the City Clerk to work with the City Attorney to amend Commission Policy No. 2020-04 and to bring back to Commission for approval.
2. Direct the City Clerk to work with the City Attorney to amend Commission Policy No. 2021-03 and to bring back to Commission for approval.
Background Information
On March 14, 2024, City Attorney Slayton sent an email to the City Commission regarding Revising City Commission and Meeting Decorum Policies due to the application of First Amendment law (attached email/memorandum for full details).
Ø Public Comment Policy. The City Commission should consider amending Policy No. 2020-04, Public Comment to clarify “general public comment” is for comments on matters that do not appear on that agenda but that relate to City business.”… “Currently, the relevant section of City Commission Policy No. 2020-04, Public Comment, states general public comments “…may be on any subject.” The City Commission should consider clarifying that the purpose of “general public comment” is to allow for comment on matters that are not on the agenda but that relate to municipal business.”
Ø “Enforcement of City Commission Policies. Revising the text of City Commission Policies Nos. 2020-04 and 2021-03 may support the City’s position in addressing potential constitutional challenges based on the policies’ language (“facial challenges”). To survive potential constitutional “as-applied” challenges, the City must apply and enforce the policies consistently, regardless of the speaker’s viewpoint.”
Ø “Rules of Decorum. The City Commission may also consider revising the Rules of Decorum section of City Commission Policy No. 2021-03 to:
1. Replace the restriction on “personal attacks” and more precisely describe prohibited speech that is disruptive, to make the policy more legally defensible;10 and
2. Reformat to have one set of rules for all attendees, rather than separate rules for board members and meeting attendees, which would make the rules easier to understand, implement, and justify while maintaining meeting order and decorum.
In review of Policy No. 2020-04, City Clerk Faust recommends Commission additionally review the following for possible revisions:
Ø III. B.1. In-person Attendance. Anyone seeking to provide public comment in-person is requested to submit a comment card to the City Clerk. Comment cards with completed information may be submitted until the Mayor closes the public comment for the agenda item. When recognized by the Mayor, the commenter will approach the podium. Public comment is limited one public comment card per agenda item and to three (3) minutes per person.
Ø III. B.3. Telephone Voicemail message. A public comment may be left as a voicemail message via telephone at 941-429-1032. Voicemail messages will be accepted from 8:00 a.m. the day before the meeting until one hour before the scheduled start time of the meeting. The commenter must leave all information identified as "required" in the City's outgoing message and must not exceed two minutes, fifteen seconds (2:15). All public comment voicemail messages in compliance with this policy will be played into the record at the meeting during general public comment near the beginning of the meeting and the City Commission will afford the comments the same consideration as if they were offered in person.
Strategic Plan
Good Governance
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. City Attorney Email
2. Policy No. 2020-04
3. Policy No. 2021-03
Prepared by: Heather Faust, MMC, City Clerk
Department Director: Heather Faust, MMC, City Clerk