THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, August 9, 1995 TAG: 9508090406
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY PAUL SOUTH, STAFF WRITER
DATELINE: MANTEO LENGTH: Medium: 77 lines
Dare County commissioners are trying to find a way to set parameters for citizen comments at commission meetings; there is little legal precedent to guide them.
On Monday, Dare County Commissioner Doug Langford offered, and later withdrew, a motion that would restrict the subject matter that could be covered by public comment.
Had Langford's proposal been approved, citizens would have been limited to discussing subjects related to the agenda of the day, or the preceding meeting's agenda.
The tradition of citizens speaking their minds at government meetings is as old as the republic. And while Dare County mulls over the possibility of altering its public comment policy, local municipal governments place few restrictions on citizens' ability to speak out.
The North Carolina Open Meetings Law makes no provision for a public comment period in public meetings, except for instances in which public hearings are required.
Individual governing boards can set aside time for citizen input. But Flemming Bell, an attorney for the North Carolina Institute of Government in Chapel Hill, said that while governments can set restrictions on time and subject matter, they must be careful not to censor free speech.
``You can't say `We've heard from you before, and we don't want to hear from you again,' or not allow people to speak based on the position they take,'' Bell said.
Bell said that while certain matters require public hearings- such as the adoption of a budget or a zoning change - elected bodies are not required to grant public comment.
Municipal governments in Southern Shores, Kitty Hawk, Manteo, Nags Head and Kill Devil Hills all allow time for citizens to speak.
In Kitty Hawk, time is set aside at the end of the regular agenda to allow individuals to address the panel.
``We don't have any restrictions on what they can talk about or how long,'' said Kitty Hawk Town Clerk Lynn Morris. ``I think if a citizen went on for an hour, or something like that, the board may say something. But usually there are no restrictions.''
The same is true in the town of Manteo. The town commission's regular agenda sets out guidelines for public comment. Citizens are asked to limit their talk to three minutes. An exception is granted if the individual represents a group, or submits a statement in writing.
Town Clerk Shannon Twiddy said that those guidelines are not strictly enforced, except in the event of a large crowd or controversial issue. In that instance, speakers are limited in an effort to give everyone a chance to address the board.
``I've never used my watch,'' said Twiddy, speaking of the restrictions.
Kill Devil Hills sets aside two periods for public comment. Early in the town meeting, citizens are allowed to speak on any item covered in the day's agenda.
At the close of the meeting, citizens are allowed time to talk about any concern they may have, without time restrictions.
``The only instance in which there's a time limit is during a public hearing,'' said Town Manager Debora Diaz. ``Then, we allow individuals three minutes to speak, five minutes if they represent a group.''
Southern Shores does not set aside a specific portion of its agenda for public comment. However, citizens can ask to be placed on the agenda to address the board.
Nags Head sets aside an ``audience response'' period at its Town Commission meetings. ``We don't have any restrictions,'' said Anna McGinnis, Nags Head's deputy town manager. ``The only thing is that this is a time for the commissioners to listen. If a commissioner wants to discuss a matter brought up by a citizen, he can do that during the commissioners' agenda.''
As for Dare County - Commission Chairman Robert V. ``Bobby'' Owens Jr. appointed a committee to study possible changes in the county's public comment policy. by CNB