Boards strive for orderly, effective public comment at meetings
By Carol Chmelynski
08/23/05 -- In an effort to create more orderly and civil school board meetings, the Durham, N.C., school board voted 4-3 in March to eliminate public comment on issues not listed on the board’s meeting agenda.
This came after a series of monthly meetings at which residents ignored the rules, engaged in name calling, and yelled out comments in the middle of board meetings.
This well-meaning effort backfired, however, and created chaos by making critics, including two board members, angry. It was followed by the May arrest of three people protesting the new policy.
To ease tensions, board members Heidi Carter, Minnie Forte, and Steve Schewel called a news conference in June to offer a compromise: Add one meeting per month for the sole purpose of allowing the public to speak on issues that are not on the board’s agenda and start a “Be Our Guest” program, in which four parents from four different schools would be invited to eat dinner with school board members before every regular meeting.
On July 11, a new state law went into effect in North Carolina mandating that all public bodies -- including school boards -- allow nonagenda public comment at action meetings.
The Durham board voted 5-2 on July 28 to adopt a temporary policy that will allow 30 minutes of open public comment at board meetings and allow residents to speak on up to two agenda items. As School Board News went to press, the board was scheduled to adopt the policy Aug. 18.
“This is in addition to comments on specific agenda items before the board for action,” says board Vice Chair Steve Martin.
“Public comment has been an issue for all my 10 years on the board,” says board President Gail Health. “It seems to be a very emotional issue, and we’re hoping our new policy will satisfy all parties and put the controversy to rest.”
According to Becoming a Better Board Member, an NSBA publication in partnership with Federation Members: “How the public is treated at your board meeting can either alienate people or make them feel welcome and important. A pleasant environment, a few social amenities, and a regular method by which the public can address the board not only contribute to good decision making but will also foster good public attitudes about those decisions.”
“The open meeting laws or the sunshine laws of the 1960s require that … the board deliberate and act in public. However, they do not require public participation in debate or an audience survey on each agenda item,” states the guide.
Across the nation, board members describe a variety of strategies for handling public comment at their meetings.
In Des Moines, Iowa, 15 minutes are set aside before each meeting to allow public comment, says board member Marc Ward. Speakers have three minutes to speak on any topic related to the schools. After the administration presents an agenda item, speakers are permitted up to five minutes each to address that item.
“At our last meeting, we were considering several controversial school closings,”.he says. “Speakers spoke for about three and a half hours.”
Ward says the board provides numerous other opportunities for public input depending on the subject matter. “There are several public forums held during the budget process in addition to the regular meetings,” he says.
Greg Kann, a member of the Exeter (N.H.) Region Cooperative School Board, says his board opens each monthly meeting with a 15-minute period for public input. “Generally there is no input unless there is a hot topic, such as busing or a change in curriculum.”
Someone may ask to be placed on the meeting agenda, but this must be done well in advance, he says. In most cases, school officials suggest comments be presented at a meeting of the finance, policies, or curriculum subcommittees.
“Outside of that, there’s no public input at meetings,” Kann says.
Dave Mathews of School District U-46 in Elgin, Ill., says in his six years on the board, two formats have been used.
At first, the board allowed public comment at the beginning and end of each meeting, he says. About two years ago, this was changed to one opportunity after roll call; recognizing students, staff, or community members for outstanding achievement; and a curriculum/instruction report by staff.
Before the change, people would come to the meeting, make comments, and leave. Very few would remain, and almost no one would comment at the end of the meeting unless there was a hot topic, Mathews says. School officials then would hear from the same people with the same comments.
“Now, we get to tell some of the good things happening in the district to an audience before they comment and leave,” he says.
The school board considers its meetings as “meetings in public” rather than “public meetings” (a belief expressed by multiple boards), so board members don’t respond to audience comments or get in debates, Mathews says. If an issue can be addressed, usually an administrator will meet immediately with the person outside the board room. If facts are misrepresented, the superintendent or an administrator will clarify the facts after the public comments session.
Each speaker is limited to three minutes -- enough time to make a point without providing a “soap box” and having the meeting go on for extra hours, he says. Personal attacks and naming specific individuals are not acceptable, and the speaker will be asked to stop. If necessary, the board president will cut off the microphone system.
Julie Scheibe, president of the Whitnall School Board in Wisconsin, says her board’s agenda includes a statement saying the board welcomes comments “but cannot discuss nor debate items not on the agenda.... The board respectfully asks that comments remain focused on the topic or issue, but not on specific personnel.”
“Even though we reserve the right to restrict the time to five minutes, we generally don’t,” she says. “Our community members are generally very good with stating their opinions in a concise manner.”
When the board is asked to discuss a nonagenda topic, it states it can share facts but cannot engage in a discussion that gives the appearance the board is considering a non-agenda topic, Scheibe says. The board explains that it needs to follow state laws regarding public notice on issues and be aware that other community members may have an interest in the topic, but without proper notice may not be present.
There have been times when comments regarding staff have become personal, she says, and the speakers have been asked politely to keep their comments factual.
At the end of the agenda, board members have made some rare requests to consider an issue brought up during the public comment session as a future agenda item, Scheibe says.
In the Plano Independent School District in Texas, “We do not have an agenda item for public comments, but we do take public comment on each of our agenda items,” says board member Mary Beth King.
The school board also holds three community forums each year, when board members split up among tables and talk to those in attendance about whatever they want, she says.
Mike Carlson, vice chair of the Willmar (Minn.) school board, says the public is allowed to speak at the end of the agenda, but the board often allows people to speak to an issue when it comes up instead of waiting.
“In my four years, I have never experienced any attacks from the public,” he says. “Sure, we have been faced with upset staff, students, and community members plenty of times, but that doesn’t bother me. If the issue gets heated, we often take a five-minute break. Afterward, a board member will approach those with concerns and give them some personal attention. I find this goes a long way, especially when we oppose their stance. At least they know we appreciate their feelings and hear their concerns.”
| Reproduced with permission from School Board News. Copyright © 2005, National School Boards Association. Opinions expressed in this newspaper do not necessarily reflect positions of NSBA. This article may be printed out and photocopied for individual or educational use, provided this copyright notice appears on each copy. This article may not be otherwise transmitted or reproduced in print or electronic form without the consent of the Publisher. For more information, call (703) 838-6789. |