Wohlgemuth: Respect the right of citizens to participate in public comment periods

In politics, promises are the cornerstone of trust between elected officials and their constituents.

On July 22, a citizen was ejected from a council meeting for attempting to make a comment before a vote. Despite subsequent communication citing the right of citizens to comment, last week the city council president requested and received from the city council attorney a verbal “opinion” on the matter. I want to point out the absurdity of that “opinion” and to set the record straight!
The Charter establishes that “The Council shall determine its own rules and order of business.” Resolution 2396 establishes the City Council Regulations and Rules of Order.

The Council Regulations and Rules do not need interpretation. The Council Regulations and Rules are the interpretation of the Charter! Surely the city attorney recognizes the utter absurdity of interpreting an interpretation. She should have explained the legal terminology of the rule to the council and confirmed the public’s right to comment. She failed to clearly state the obvious - that The Council Regulations and Rules must be followed!

Resolution 2396 amended the City Council Regulations and Rules of Order with the inclusion of a sentence on PUBLIC INPUT (Section 6.F) that reads as follows:

“The Council President shall accept public comments from citizens during Council consideration of an item, in addition to a general public comments period.”

WORDS MATTER!!! “Shall” is a legal term. It is an imperative command indicating that an action is mandatory. The regulation says “shall”! Public comments MUST be accepted during council consideration of an item! “During council consideration of an item” is not limited to a work session; it is applicable to all council meetings including regular and special meetings. It applies to all Ordinances and Regulations under consideration including 2nd readings. Most importantly, comments SHALL be accepted prior to a vote on ANY item under consideration!

To disallow public comment immediately prior to a vote on an item is a grievous attempt to muzzle the public! It is undemocratic and unconstitutional. The council should welcome, not suppress, public input at ALL stages of the legislative process!

This council needs to immediately recognize and affirm the right of citizens to participate through public comment at all stages of the legislation process.

Moving forward this Rule MUST be followed!

Carolyn Wohlgemuth
Salisbury resident
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.