Dickinson commission debates limits on public comment, tables proposed rules

City Administrator Dossinger presented proposed ground rules for public comments at Dickinson City Commission meetings and asked the commission to consider adopting them; the commission agreed to table the proposal until staff produces a draft resolution for formal consideration.

Dossinger said the city wants meetings to be accessible while preserving “the integrity and professionalism” of commission meetings and outlined proposed rules including pre-registering to speak no later than noon the day before a meeting, a five-minute time limit per speaker, a ban on presentations and videos during public comment, and a prohibition on personal attacks toward commissioners or staff. “A public comment from a citizen during a commission meeting shall be limited to 5 minutes,” he said.

The proposal drew a legal overview from the city attorney, who told commissioners that U.S. constitutional law and North Dakota legal guidance allow political subdivisions to adopt neutral restrictions on the time, place and manner of speech in limited public forums and that municipalities commonly adopt rules to preserve order. The attorney cited the First Amendment, North Dakota Century Code and municipal practice in other cities as the legal backdrop.

Commissioners expressed a range of concerns. Commissioner Riddle and others objected to a requirement that speakers sign up the day before the meeting, arguing it would prevent spontaneous but relevant comments from residents who attend in person. “If something comes up during the meeting…and they have actually pertinent information… I would hate to see that potentially be lost,” Commissioner Oderman said. Commissioner Frederick said he would not support a blanket residency-only rule unless the logistics and exceptions were clarified; other commissioners raised questions about residents in the city’s extraterritorial zoning (ETZ) area and whether they should be allowed to speak.

Several commissioners supported keeping a five-minute guideline but noted the commission could extend individual remarks by motion. Commissioner Bair suggested groups designate a single speaker to preserve time; Commissioner Riddle said he thought five minutes would often be too brief. Dossinger acknowledged the commission could modify specific bullets in the draft.

Commissioners also discussed procedural safeguards: allowing staff to place items on the agenda when they relate to city business; an appeal process so a commissioner could request an item be added to the agenda; and clarifying who would determine whether a public comment falls within the municipality’s scope. Commissioners asked staff and the city attorney to prepare a written policy for formal consideration.

Before the commission adjourned, Commissioner Frederick moved to table the proposal until a formal resolution or policy is drafted and returned to the commission; Commissioner Bair seconded. The motion carried on a unanimous vote of the five commissioners present.

The commission’s action was procedural: it did not adopt or enforce new rules. Staff said it will prepare a written resolution reflecting the discussion and the commission will revisit the item in a future meeting.

Votes at a glance: Motion to table adoption of public comment rules until a drafted resolution is presented — moved by Commissioner Frederick, seconded by Commissioner Bair; vote: Frederick aye, Baer aye, Riddle aye, Oderman aye, Chair Decker aye; outcome: tabled.

Ending: Staff will draft a resolution reflecting the commission’s direction and return the item for formal action. The city attorney noted pending state legislation (identified in the meeting as Senate Bill 2180) could change legal requirements for public comment by political subdivisions and may affect the final policy.