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City attorney advises against requiring public-comment cards; council hears legal risks
Summary
Harrisville’s city attorney recommended against changing the council’s public-comment format, saying there is no statutory requirement for public comment and warning that formal card systems and changing the forum risk creating First Amendment and procedural issues.
Harrisville — The city attorney recommended keeping the council’s existing public‑comment procedures rather than adopting a requirement for public-comment cards or splitting comment periods, citing legal risk and practical problems.
Brody, the city attorney, briefed the council after members asked staff to review options for public-comment cards and alternative comment formats. "There is absolutely no statutory requirement to have public comment in this meeting," Brody said, adding that public hearings required by state statute are distinct from informal public-comment periods. He cautioned that changing the format could create equal‑protection and First Amendment liabilities if rules are not applied consistently.
Why it matters: public-comment rules shape how residents address elected officials and can affect both transparency and legal exposure. Brody urged the council to retain a clear, uniformly applied rule set (time limits and decorum) rather than requiring comment cards or adding a second public-comment period during the meeting.
Key legal points and council guidance
- No statutory mandate: Brody said municipalities generally are not required by state law to include a public-comment period in their regular meetings; public hearings are legally distinct and required only at specified junctures.
- Equal treatment and liability: The attorney warned that implementing cards or additional comment windows risks unequal application and potential First Amendment challenges if speakers are treated inconsistently or removed from the meeting without legal basis.
- Practical advice: Brody recommended continuing the council’s existing approach—maintain a single public-comment period with clear time limits and enforce the council’s established rules of order. "You do what you've been doing. You have a public comment period. You have a time limit," he said.
The council did not make a formal change to the public-comment rules at the meeting; the attorney’s remarks concluded the agenda discussion on the subject.
