Public Participation at Board of Education Meetings BOE FINAL 08062014

8/12/2019 Public Participation at Board of Education Meetings BOE FINAL 08062014

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Public Participation at Board of Education

Meetings

General ProvisionsThe Board of Education values public participation and recognizes the importance of publicinput on issues affecting the community, the Board of Education and the Albuquerque Public

Schools. This procedural directive has been adopted to balance the importance of publicparticipation with other important objectives, including but not limited to:

Ensuring all community members have a reasonable opportunity to express their viewsto the board;

Completing board business effectively, efficiently and in an orderly manner; and

Respecting the rights of board members, district staff, students and audience members.

Proper decorum and the provisions of this procedural directive are expected to be followed at allpublic meetings of the Board of Education.

At each open Regular Board of Education Meeting pursuant to the meeting agenda, members ofthe public may comment to the Board of Education, subject to reasonable restraints. When a

Board of Education meeting is in session, the government may not exclude speechon thebasis of content unless the restriction passes strict scrutiny. [Sandefur v. Vill. of Hanover Park,

Ill., 862 F. Supp. 2d at 846 (N.S. Ill. 2012)] However, the Board of Education is permitted to

enforce reasonable time, place and manner restrictions provided they are content neutral, theyare narrowly tailored to serve a significant government interest and ample other alternative

channels of communication exist. [Sandefur, 862 F. Supp. 2d at 846; Ward v. Rock AgainstRacism, 491 U.S. at 791] The reasoning behind such restrictions is because disruption of the

orderly conduct of public meetings is indeed one of the substantive evils that [government] hasthe right to prevent. [Collinson v. Gott, 895 F.2d 994, 1000 (4thCir.1990)]

Though not a general practice, public comment, subject to reasonable restraints, may occur at aspecial or committee meeting of the Board of Education at the discretion of the committee chair.

The Board of Education restrictions on decorum, etiquette and public comment are outlined inthis procedural directive.

Sign up for public comment shall begin thirty (30) minutes prior to the Regular Board ofEducation Meeting commencing and shall end promptly at the commencement of the public

comment period. In extenuating circumstances, the Board of Education Services Office staffmay forward the name of an individual wishing to speak during public comment and sign up on

their behalf if prior arrangements have been made.

The public comment period shall be limited to thirty (30) minutes per Regular Board ofEducation Meeting. The board president, or presiding officer, shall have the right to limitspeaking time of individuals wishing to provide comment to the board to no more than (2)

minutes each. Dependent on the number of individuals signed up to speak during the publiccomment period, the board president, or presiding officer, may shorten the time available for


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each individual to speak to allow more speakers to be heard. Recognized speakers shall nottransfer or delegate their time to others. If a speaker is no longer present in the meeting room at

the time he/she is recognized, the speaker shall forfeit his or her opportunity to speak and shallbe prohibited from transferring the time to a different individual. Delegations, who wish to

express their views, shall select one speaker to represent the delegations views to the board.When in the judgment of the board president or presiding officer, it appears:

That several audience members wish to express the same or similar views; the board

president or presiding officer may recognize one of them to address the board on behalfof the group; or

A speaker is repeating views that he or she, or another speaker, already has presented;

the board president or presiding officer may recognize the next speaker before thecurrent speakers time has elapsed.

Board of Education Member EtiquetteThe New Mexico Open Meetings Act prohibits open discussion amongst board members for any

item not listed on the Board of Education Meeting agenda. Therefore, Board of Educationmembers shall treat public comment as a time to listen to the comments from attendees of the

Board of Education meeting. Public comment shall not be a time for open dialogue with thespeaker. Public comment shall not be a time for board members to answer questions posed tothem from a speaker or comment on a speakers concerns.

If the board member chooses, he or she may respond to concerns of speakers during board

member reports at such time board member reports appear on the meeting agenda.

Speaker EtiquetteSpeakers shall direct their comments to the board and not to district staff or other audiencemembers. Speakers shall not expect board members to answer questions during public

comment. Questions shall be referred to the superintendent, or his/her designee, for review,study and response. If appropriate, the board may request the issue be a discussion at a futureBoard of Education meeting.

Individuals appearing before the board shall follow these guidelines:

Sign up to speak for participation in public comment prior to the commencement of thepublic comment period of Board of Education Meeting and understand that the privilegeto speak is determined on a first-come, first-served basis.

If the speaker wishes to distribute documents to the board members, the speaker shallprovide the district employee responsible for public forum sign in twelve (12) copies of

the documents at the time the speaker signs up to speak.

Address the board only at the appropriate time as indicated on the agenda and whenrecognized by the board president or presiding officer.

The use of posters, banners or other items may be generally acceptable. However, if such

items, per the discretion of the board president or presiding officer, disrupt theproceedings of the meeting, pose a safety concern, or block the view of the meeting fromother audience members or the cameras used to webcast the proceedings, the board

president or presiding officer may request speakers and audience members to refrainfrom using them.


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Identify oneself and speak within the allotted time available for each individual speaker.

Observe and respect the board president or presiding officers decision to shorten publiccomment to conserve time and give the maximum number of individuals an opportunityto speak.

Conduct oneself responsibly, civilly, courteously and with due respect. Conduct of

speakers shall be no different than expected conduct of visitors at an APS school asstated below.o No person on school property or at a school event shall perform any of the

following acts:

Disrupt the educational process for students and staff.

Strike, injure, threaten, harass or intimidate a student, staff member, a

board member, or any other visitor to school property.

Behave in an unsportsmanlike manner or use vulgar or obscene language.

Unless specifically permitted by state statute, possess a weapon, anyobject that can reasonable be considered a weapon or looks like a weaponor any dangerous device.

Damage or threaten to damage anothers property.

Damage or deface school property.

Respect the fact that the speakers views and opinions may not be shared by all present.

Observe that speakers shall not express non-job related complaints against the

superintendent or board members unrelated to their offices or jobs.

The Board of Education encourages speakers to focus on topics of concern, not personnelthey believe to be responsible. The board shall provide and direct the speaker to adistrict staff member at each Regular Board of Education Meeting who may listen to

specific personnel complaints which shall be referred to the superintendent, or his/her

designee, for review, study and response.

Only speakers who acknowledge and adhere to the terms of speaker etiquette shall be permitted

to speak during public comment to the Board of Education. A form shall be presented forsignature and acknowledgement of the terms of speaker etiquette. The form shall outline these

requirements. Individuals refusing to sign the provided form of acknowledgement or completethe requested information shall be prohibited from speaking during public comment.

Audience EtiquetteAudience members shall conduct themselves in the same manner as outlined above for

individual speakers. Audience members shall not disrupt an open public meeting of the Boardof Education and shall not incite others to do so either. Therefore, raucous or disrespectful

expressions of agreement or disagreement by audience members shall be consideredinappropriate and subject to regulation by the board president or presiding officer.

All members of the audience shall remain seated unless recognized by the board president orpresiding officer.

Media EtiquetteMembers of the media are welcome at public meetings of the Board of Education. Members of

the media and media equipment shall be required to video and photograph from a designatedmedia representative area of the room in which the Board of Education Meeting is being held.


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Media representatives shall cooperate with district staff regarding placement of equipment,photography and video requirements or be subject to removal from the meeting.

Enforcement of Appropriate EtiquetteThe boards president or presiding officer shall be responsible for ensuring that public

participation and comment assists the board in discharging its responsibilities and is conductedaccording to this procedural directive. Thus, the board president or presiding officer shall be

authorized to enforce this procedural directive by:

Interrupting presentations and comments to remind speakers and audience members ofthis procedural directive;

Dismissing or ending the speaking time of previously recognized speakers who violatethis procedural directive;

Requesting speakers or audience members to leave the meeting if they violate theprocedural directive in a manner that is disruptive to the board business;

Requesting the assistance of law enforcement officers to assist in removing speakers or

audience members who refuse to leave;

Recessing or adjourning the meeting as a result of speaker or audience conduct that is in

violation of this procedural directive;

Individuals who violate this procedural directive may be subject to criminal charges and

may be prohibited from future meetings;

Arresting or filing criminal charges against a speaker or member of the audience who is

violation of this procedural directive pursuant to 30-13-1 NMSA 1978.o 30-13-1 NMSA 1978 states that it is a petty misdemeanor to disturb any

meeting of the people assembled for any legal object.

Other Opportunities to Provide Public Comment

Public comment at a Board of Education Meeting shall not be the only opportunity for the publicto provide comment to the Board of Education. The board may receive public comment through

written letters, email communication and phone calls. The Board of Education Services Office

shall be responsible for publishing all avenues by which the public may comment to the boardmembers. Ways to contact board members shall be made available upon request and at eachRegular Board of Education Meeting.

Petitions and written or electronic correspondence to the board shall be presented to all boardmembers. The Board of Education Services Office shall not be required to present information

to the board members that was received anonymously. The Board of Education Services Office

reserves the right to summarize information, correspondence and comments received prior toproviding the information to the board members.

Albuquerque Public Schools reserves the right to summarize public comment in the official

Board of Education Meeting minutes.

Administrative Position: Executive Director of Board of EducationServices

Department Director: Board of Education Services Specialist


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References:

Legal Cross Ref.: Sandefur v. Vill. of Hanover Park, Ill., 862 F. Supp.2d at 846 (N.S. Ill. 2012)Ward v. Rock Against Racism, 491 U.S. at 791

Collinson v. Gott, 895 F.2d 994, 1000 (4thCir.1990)

30-13-1 NMSA 1978Board Policy Cross Ref.: BE Board of Education MeetingsProcedural Directive Cross Ref.:

NSBA/NEPN Classification: BEDH

Introduced: June 11, 2014Reviewed: July 23, 2014Revised: August 6, 2014

Documents

Public Participation at Board of Education Meetings BOE FINAL 08062014