Committee forwards First Amendment Coalition recommendations on public participation to VMA after 2–1 vote

The Committee on Administration and Information Systems reviewed recommendations from the New England First Amendment Coalition to revise Rule 3 on public participation for the Board of Mayor and Aldermen and voted 2–1 to forward the proposed language to the New Hampshire Municipal Association (VMA) for discussion without the committee issuing a formal recommendation.

Attorney Keyes, the city's attorney, told the committee he had reviewed both the city's current rules and the proposed revisions and found both to be constitutional. "I do. Both facially and as applied. I also believe that what's been proposed is also constitutional," Keyes said. He explained that the coalition's proposal removes certain words (such as profanity or vulgarities) and adds an obligation for the chair to articulate security concerns when asking that a flag or sign be removed.

Committee members debated the balance between encouraging civility and preserving the chair's discretion to remove disruptive individuals. One member said the proposed language "encourages" civility rather than imposing a strict ban on profanity; others said the revised rules clarify when signs or banners may be restricted if they obstruct sight lines or cameras.

When asked whether the proposed changes would prevent the mayor from removing someone for vulgar language, Keyes said enforcement would remain a shared discretion of the chair and police: "If the police seek some sort of decide orderly conduct, occurring in the audience, they can certainly take whatever action they deem appropriate," he said.

After discussion the committee voted 2–1 to forward the two versions of proposed language to the VMA for further consideration in two weeks; the committee recorded that it was sending the proposals with a 2–1 split and without a formal committee recommendation.