Clarification to Public Comments at Town Council Meetings

Following the Public Participation segment of the May 23, 2020 Council Meeting, it came to the Mayor and Council’s attention that some people were apparently confused by and concerned about the rules being applied to that particular segment of the meeting.  Accordingly, the Mayor believes it is important and necessary to issue the following clarification:

The Public Participation segment of the Council Meeting is the time that the Town extends the opportunity to the general public to share with us your questions, thoughts, comments, concerns, and complaints.  Those wishing to come forward to take advantage of the Public Participation segment are provided two (2) minutes to share their thoughts, etc.

The Town is always desirous of hearing public comments and is, of course, interested in taking appropriate action in response thereto when the Council deems responsive action to be necessary.  However, the Freedom of Information Act (FOIA) and Attorney General opinions construing FOIA prohibit the Council and Town officials from actively engaging in discussion of comments made or taking action in response to comments made or questions raised when the issue or topic raised is not properly noticed on the agenda.

Therefore, in the interest of being as compliant with FOIA as possible, it is appropriate for the Council to passively receive comments and questions raised during Public Participation.  The Council and Town officials, as they have done in the past, will take said comments and questions under advisement, which may then lead to further communication with the concerned citizen outside of the meeting, discussion of the subject at a future meeting after proper notice of the subject on the agenda, or such other action as the Council and Town officials may deem appropriate and in compliance with any and all applicable FOIA requirements.