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Harrisville city attorney warns council: public-comment replies and blocking can trigger First Amendment claims
Summary
City Attorney told the council that inconsistent handling of public comment could lead to First Amendment lawsuits, cautioned officials that social-media accounts used for city business become public records, and urged strict, content-neutral rules and written follow-ups instead of on-the-spot answers.
Harrisville’s city attorney told the council that how elected officials handle public comment and social media can create significant legal risk.
Identifying himself as the city attorney (Speaker 6), he said the city’s duty is to act in a content‑neutral manner during public comment: "If Greg gives a nice comment ... and you let him go, but he asks you a question and you don't answer it ... but if Brian gets up and ... you answer his question ... you violated the First Amendment rights." He urged the council to adopt consistent, published rules (time limits, preregistration options where lawful) and to avoid answering questions during comment periods; instead, staff should follow up after the meeting in writing to preserve even treatment of speakers.
On social media, the attorney warned that officials who use personal pages to discuss city business may effectively create public records subject to GRAMA (the Government Records Access and Management Act). "If you use Facebook for city business ... your entire Facebook and its history is now ... a public record," he said, recommending that officials maintain separate personal and official accounts and avoid deleting or blocking commenters on pages used for city business.
He also reviewed open‑meetings rules and closed‑session limits, noting that closed sessions are limited to narrowly defined purposes (litigation strategy, personnel, acquisition and certain contract matters) and generally require a roll call and a two‑thirds vote. The attorney told council members they have no unilateral authority to direct staff and urged them to route operational directions through formal council action to avoid violating employment law or generating claims of willful misconduct.
Council members asked follow-up questions about the practicalities of answers after meetings, inclusion of question/answer text in minutes, and how to handle social-media retention. The city attorney advised a written‑follow‑up protocol (email to a central staff member and placing outcomes on a future consent agenda) to preserve records and equal treatment.
Next steps: The attorney offered to provide a short recommended public‑comment policy template and to work with staff to draft social‑media guidance that conforms to GRAMA and state law.
