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TO: Mayor Richard C. Irvin
FROM: Richard J. Veenstra, Corporation Counsel
DATE: February 27, 2018
SUBJECT:
A resolution establishing rules for public comment during meetings of the City Council and its committees.
PURPOSE:
The purpose of this resolution is to establish rules for public comment at meetings of the City Council and of its committees that comply with the Open Meetings Act and afford the public an opportunity to address their public officials.
BACKGROUND:
Section 2-102 of the Code of the City of Aurora sets forth very limited circumstances in which members of the public may speak at meetings of the City Council. These provisions appear to have been unchanged since 1969 and, in some respects, conflict with newer requirements contained in the Open Meetings Act, in particular Section 2(g) of the Act. The Code is also silent on the opportunity for members of the public to speak at committee meetings. On the advice of counsel, the City Council and its committees have permitted members of the public to address officials for three (3) minutes each in order to comply as best as possible with both the Open Meetings Act and Section 2-102(c) of the City Code.
DISCUSSION:
The proposed rules balance the public's right to address their officials with need of the City Council and its committees to conduct their business orderly and efficiently.
IMPACT STATEMENT:
If the Council approves this resolution, new public comment rules will become effective for 1) the Council and the Committee of the Whole and 2) each of the standing committees. The standing committees will have the option of adopting their own rules for public comment if they see fit provided that their rules may be no less restrictive on the right to comment than those approved by the Council.
In summary, these rules provide that public comment will be a regular item of business before the Council and its committees. No vote will be required or authorized to allow for public comment. No person may speak longer than three (3) minutes at each meeting nor may any person yield his or her time to another person. The total time for public comment at any meeting may not exceed thirty (30) minutes. The Mayor or the committee chairperson, as the case may be, will have the discretion to adjust the order of business at meetings to facilitate public comment when necessary.
Finally, these rules make a distinction between circumstances where a City officer, employee, or resident addresses the body at the body's request or direction and circumstances where members of the public or City officers or employees address the body in their private or individual capacity. Instances where staff or a petitioner present an item to the City Council or one of its committees are part of the public body's legislative function and does not constitute public comment. Time spent on these presentations should therefore not count against the time allocated to members of the public at-large to address the body. City officers or employees who wish to address the Council or its committees in their individual capacities are subject to the same rules applicable to members of the public at-large.
RECOMMENDATIONS:
For the reasons set forth above, I recommend approval of this item.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution establishing rules for public comment during meetings of the City Council and its committees.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Section 2(g) of the Open Meetings Act expressly provides that "[a]ny person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body" commonly referred to as "public comment;" and
WHEREAS, the City Council, the Committee of the Whole, and the Standing Committees are public bodies as Section 1.02 of the Open Meetings Act defines the term; and
WHEREAS, the City Council finds that the rules attached to this resolution as Exhibit A and Exhibit B will better accommodate the public's right to address the City Council and its committees than those presently in effect,)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the rules set forth in Exhibit A of this Resolution shall be and hereby are established as the rules pertaining to public comment for the City Council and the Committee of the Whole; and further
BE IT RESOLVED, that the rules set forth in Exhibit B of this Resolution shall be and hereby are adopted as the rules pertaining to public comment for the Standing Committees of the City Council as the City Code defines the term and any subsequently created Committee as the Council may from time to time create; and further
BE IT RESOLVED, that the Standing Committees are authorized from time-to-time to establish and amend rules for public comment that are no less restrictive on the public's right to comment than the rules set forth in Exhibit B; and further
BE IT RESOLVED, that the rules set forth in Exhibit A and Exhibit B shall be recorded with and maintained by the City Clerk; and further
BE IT RESOLVED, that any Standing Committee which establishes rules for public comment that are no less restrictive than those set forth in Exhibit B shall record those rules with the Chief of Staff in the Office of the Aldermen; and further
BE IT RESOLVED, to the extent that the provisions of Exhibit A and Exhibit B conflict with any provision of the Code of the City of Aurora, including, but not limited to Section 2-102(c) the provisions of Exhibit A and Exhibit B shall control.