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Dickinson commission pauses change to citizen comment policy after debate over scope of allowed topics
Summary
The Dickinson City Commission declined to adopt the staff-drafted edits to the city's citizen comment guideline that would implement a recently enacted state law; instead commissioners voted to keep the current policy in place until a newly elected commissioner is seated.
The Dickinson City Commission on May 20 declined to adopt proposed edits to the city's citizen comment guideline that would align the policy with a recently enacted North Dakota law limiting public-comment topics to items on the current meeting agenda or the immediately preceding agenda.
City Administrator Dossinger told the commission the changes reflect “Senate Bill 2180,” signed into state law April 30, and summarized the redlined edits staff proposed to remove repeated references to “not on the agenda,” require speakers to speak when directed by the presiding officer, and add exceptions when comment is prohibited by law or is confidential exempt information.
The item drew extended debate. Commissioner Frederick and Commissioner Bair said they were concerned the proposed language would bar residents from raising local, operational problems that have not previously appeared on an agenda — for example, a frozen private water service near Menards that residents had asked about. “I don't like limiting people to say they can't bring up those issues,” Commissioner Bair said. Commissioner Ware said he hoped recent contentious public comments were a temporary problem and that the commission should be able to decide what relates to “city business.”
City Attorney (on the record as legal counsel) and staff repeatedly noted the draft mirrors the statutory language that permits limiting comments “by agenda topic to the current or at least one preceding meeting,” and warned that opening the scope beyond that language would create ambiguity about what the commission may lawfully hear.
After discussion, Commissioner Bair moved to keep the existing citizen comment policy in place until the newly elected commissioner takes office. The motion passed unanimously.
The vote means the city will continue operating under its current guideline until the commission chooses to revisit the change; staff said the state law takes full effect on August 1 and the commission may return to the matter after that date.
Commissioners and staff discussed practical points the public should note: the city’s policy imposes time limits (five minutes per speaker plus an additional five minutes in some circumstances), and the presiding officer determines whether a matter falls within the scope of city business if the commission permits broader topics.
City administrators said they will bring the item back if the commission decides to revisit the matter after the newly seated commissioner arrives.
Ending: The commission’s decision leaves the existing local comment guideline unchanged for now; the city administrator and city attorney noted the statutory change will still take effect in August, and the commission may vote again on a revised policy at a future meeting.
