Can councilmembers speak during public comment?
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Dear Dinosaur: Our council meeting took an interesting turn last week. The council comment period was over, and they were winding up public comments when two of our council members decided they had more to say. Are they allowed to speak during public comments? Should they recuse themselves from the meeting and then make their comments as Joe Citizen?
Answer: A colleague from Texas has provided us with this summary of a court decision on this topic that says “no.”
A Texas case decided by the Federal 5th Circuit Court of Appeals recognized a difference between a member of the Board and a member of the public. A Board member demanded time to speak during public comment on an item the rest of the Board refused to include on their agenda. The Court of Appeals held that Mr. Stratta was not a member of the public because he is a Board member and therefore his ability to speak is limited by the Texas Open Meetings Act. The First Amendment does not trump the time and space restrictions of the Texas Open Meetings Act. Stratta v. Roe (Brazos Valley Groundwater Conservation District), 961 F.3d 340 (5th Cir. 2020)
https://casetext.com/case/stratta-v-roe
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