Legal Handbook for Council Members 2022

DATE:

August 11, 2022

TO:

Mayor and City Council

FROM:

Chuck Watts, City Attorney

SUBJECT:

Political Speech at City Council Meetings

When campaign season is underway, it is important to clarify the rules for political speech at City Council meetings. Pursuant to NCGS 160A-81 and City Charter 3.22(b), City Council may set the rules of order for its meetings, including regulating the number of people who speak, the length of time, and the authority to maintain order. By Resolution, dated September 17, 2013, and attached for your reference, City Council has adopted certain procedures and has determined that at all times respectful discourse and decorum are required. The Public Comment Period, often referred to as “Speakers from the Floor,” is required by statute to occur at least once per month as long as there is a meeting of Council, and in Greensboro the established scheduling is that it occurs during the first meeting of the month. The period lasts for 30 minutes, and the Mayor may set a time limit for each speaker. The City Council chamber is considered a public forum, and as such, there is robust protection for political speech during the Public Comment Period. The Public Comment Period is designated as a time to hear viewpoints from any speaker wishing to address the Council on any matter. So long as a speaker engages in respectful discourse and remains within the bounds of decorum, he should be allowed to speak freely during his allotted time. During the General Business Agenda, Public Hearing Agenda, and Supplemental Agenda, it is entirely proper for the Council to require the speakers to remain on topic. A speaker may introduce himself as a candidate for office, just as any other speaker would introduce himself by identifying his affiliation with a particular business or organization, but beyond that introduction, the speaker should remain on topic. In accordance with item #3 and item #9 of the September 17, 2013, Resolution, it is proper for the Mayor to remind the speaker to remain on topic and observe the standards of courtesy and decorum. The above guidelines comport with 1 st Amendment jurisprudence. Constitutionally protected speech may be subjected to certain time and manner restrictions and certain content restrictions, and the rules adopted by the City Council are validly in keeping with such limitations. CDW/jgs