Big changes proposed for Lawrence City Commission’s public comment policy

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Proposed changes to Lawrence City Commission procedures would move the general public comment period to the end of meetings, make it untelevised, and require signup in advance.

Commissioners hear public comment on specific agenda items they’re considering, but people may also address the commission about any topics “germane” to city business that aren’t on the agenda during the general public comment period — which is currently near the beginning of meetings. 

Mayor Bart Littlejohn asked city staff members last month to revisit discussions the commission has previously had about possible changes to public comment procedures. Vice Mayor Mike Dever agreed and said he thought it would be good to see what other municipalities are doing and consider ways to create a “more welcoming environment” for people. 

Previous discussions of proposed changes — including some that are part of the draft resolution the commission will consider Tuesday —  have drawn substantial pushback from Lawrence community members who have said such ideas would silence the public and threaten democracy. 

The draft resolution is part of an agenda item for Tuesday’s Lawrence City Commission meeting that includes more than a dozen other draft resolutions and ordinances, including several that would dissolve certain advisory boards. (Read more about that at this link.) 

The draft resolution states that the televised portion of meetings would begin with the call to order and continue through the entirety of the agenda, except that it would end before the general public comment period and adjournment. It is not clear from the draft whether that means there would no longer be a Zoom option for general public comment, or whether general public comment and adjournment would no longer be livestreamed. 

The resolution also states that “any person desiring to comment on matters of a general nature, not specific to an agenda item, shall sign up in advance of the meeting.”

Currently, the start time for general public comment fluctuates a bit, but it almost always starts within the first half hour. But meetings can last anywhere from an hour to several hours. Some members of the public have told commissioners that if public comment was moved to the end of meetings, people might not know when to show up. In addition, people have said it could create accessibility concerns, including that fixed-route city buses stop running before meetings are usually over.

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The draft includes a time limit of 11 p.m. for the conclusion of meetings, except to finish the item that is already in progress. Current procedures allow the commission to vote to extend meetings; the draft resolution does not contain that option. That could mean people could wait until after 11 p.m. to give general public comment and still not have a chance to do so. 

The draft maintains the current limit of three minutes per person for public comment. 

The changes are packed into a significant rewrite of the commission’s meeting procedures. Most of the changes will not substantially alter procedures and are to bring the city in line with the League of Municipalities Code of Procedure for Kansas Cities. One section of the draft resolution, for instance, clarifies procedures for motions and specific actions the commission can take on agenda items, such as making motions to refer, amend or call the previous question, meaning to end debate and take a vote. It also prohibits motions to reconsider.

The proposed changes to public comment and the meeting time limit are not included in the League’s code. 

If approved, the changes would take effect for the city commission upon adoption, and the resolution would apply to city advisory boards effective Sept. 1. 

The commission is facing a federal lawsuit from one frequent public commenter that alleges commissioners violated his First Amendment rights, in part by how the mayor determined what was “germane” to city business. However, a judge recently denied his request for an injunction in the case to prevent commissioners from enforcing their speech policy, writing that “even under strict scrutiny, Plaintiff fails to establish that he is likely to succeed on the merits of this claim.”

Lawrence city commissioners will consider the draft ordinance and more as part of their agenda when they meet at 5:45 p.m. Tuesday, May 7 at City Hall, 6 E. Sixth St. The meeting will also be livestreamed on the city’s YouTube channel, youtube.com/@lawrenceksvideo.

See the full meeting agenda at this link. See the draft resolution below, pulled from the broader agenda item

People may submit written public comment until noon the day of the meeting by emailing ccagendas@lawrenceks.org. The commission also hears public comment in person and via Zoom during meetings. Register for the Zoom meeting at this link

20240507-Draft-resolution-7528

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Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark@lawrencekstimes.com. Read more of her work for the Times here. Check out her staff bio here.

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