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Legal counsel recommends narrow public‑comment rules after SJC precedent; board debates sign‑ups and chair discretion
Summary
KP Law attorney John Georgio briefed the select board on a 2023 Supreme Judicial Court decision affecting public comment rules and left a model policy; counsel said towns may impose reasonable time and decorum limits but cannot bar speech solely because it is critical, and board members asked for draft edits to return next meeting.
KP Law attorney John Georgio reviewed a March 2023 Supreme Judicial Court decision (Southborough) and recommended the select board adopt a narrowly tailored public‑comment policy consistent with the ruling.
Georgio explained that the court found municipalities are not required to provide public comment but, if they do, regulations must be limited to ensuring meetings are peaceable and orderly. "You can regulate comment to make sure that they are peaceable and or and the meetings are peaceable and orderly," Georgio said. He cautioned that criticism of board members is not, by itself, a lawful basis to shut down speech and that the chair’s ability to limit comments should be framed as preserving order and safety.
Board members discussed whether to require sign‑ups, time limits and whether the chair should have explicit discretion to set or waive limits for large public gatherings. Several members said they value openness and worried about stifling participation; others said a clear policy and routine posting (e.g., in meeting packets or posted in the meeting room) would improve predictability. Georgio recommended leaving some discretionary language for the chair while removing provisions that would make sign‑up mandatory for all speakers, and he offered to circulate a redlined draft to staff before the next meeting.
The board agreed to collect edits via email and asked counsel to return with a revised draft for formal consideration at a future meeting. No policy vote was taken Sept. 10.
