HomeMy WebLinkAbout24- Ordinances 2157 - Adopting Reasonable Time, Place, and Manner Requirements for Public Participation and DecorumOrdinance 2157
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ORDINANCE 2157
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, GENERALLY REVISING CHAPTER 2, ARTICLE 2, BOZEMAN
MUNICIPAL CODE AND ADOPTING REASONABLE TIME, PLACE, AND MANNER
REQUIREMENTS FOR PUBLIC PARTICIPATION AND DECORUM DURING CITY
COMMISSION AND BOARD MEETINGS.
WHEREAS, the City of Bozeman (the “City”) is authorized by the United States
Constitution, the Bozeman City Charter, and Montana law to conduct City Commission meetings
in an efficient and effective manner; and
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, pursuant to the First Amendment to the United States Constitution, Article
II, Sections 7 and 8 of the Montana Constitution, and Title 2, Chapter 3, MCA the City has the
authority to impose reasonable, content neutral, regulations surrounding public participation in
City Commission meetings while encouraging the public to participate prior to a final decision on
matters of significant interest to the public; and
WHEREAS, the United States Supreme Court and the Montana Supreme Court recognize
a municipality may implement reasonable, content neutral regulations on public participation in
local government meetings; and
WHEREAS, Commission finds this Ordinance necessary to ensure all members of the
public feel comfortable participating in City Commission and Cit Board meetings, and that
meetings are productive, respectful, civil, and inclusive.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
A. This section implements First Amendment to the United States Constitution, Article II,
Sections 7 and 8 of the Montana Constitution, and Title 2, Chapter 3, MCA.
B. This section establishes content neutral and reasonable time, place, and manner
requirements on the conduct and behavior of members of the public, city commissioners,
and city staff during public meetings.
C. The purpose of a city commission meeting is to conduct city business in an orderly and
efficient manner and to provide an opportunity for the public to participate prior to
decisions of the city commission that are of significant interest to the public. In addition,
city commission meetings must be conducted in an environment that is productive,
respectful, civil, and inclusive. In exercising the right to participate, all members of the
public have a corresponding responsibility to conduct themselves in a manner which
ensures other members of the public can exercise the same rights.
D. All meetings of the city commission, except executive sessions closed pursuant to 2-3-
203, MCA, are open to the public.
Section 2
That section 2.02.050.B Meeting agendas – be amended as follows:
B. The city manager shall prepare the commission regular meeting agenda and shall consult
with the mayor in preparing the agenda. The mayor or any three commissioners may add to
or remove an item from the agenda. The agenda shall be in substantially the following form:
1. Executive session (if required).
2. Pledge and moment of silence or mindfulness.
3. Changes to the agenda (if required).
4. Public service announcement (if required).
5. Approval of minutes.
6. Consent items (consent items are those which staff considers no discussion is
necessary, including resolutions; however, at the beginning of each meeting, any
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commissioner may request items be removed from the consent agenda for the purpose
of discussion).
7. Public comment on non-agenda items falling within the purview and jurisdiction of the
commission.
8. Special presentations (if required).
9. Action items.
10. FYI/discussion.
11. Adjournment.
The order of the above may be adjusted by the presiding officer.
Section 3
That section 2.02.070. Meetings – be amended as follows:
E. Optional concept reviews. The commission may, at the request of a landowner, developer or
other interested party considering the future submittal of a land use development
application, conduct a concept review. Concept review is an initial, informal exchange of
ideas prior to formal submittal of a land use development application. The commission's
decision on any subsequently submitted formal application will be based on staff findings,
the applicable criteria, applicant presentation, evidence submitted and public testimony
provided at a regular meeting or public hearing. A final decision regarding any item
discussed during a concept review may not be based on information provided during the
concept review. Formal public comment will be received during review of a formal
application; however, the commission may, at its discretion, accept questions and written
comment from the public during the concept reviews. The commission is not bound by
Robert's Rules of Order during concept reviews.
And that subsections F, G, and H shall be renumbered as E, F, and G, respectively.
Section 4
That section 2.02.080.A. Order of presentation/public participation – be amended as follows:
The order of presentation in which agenda items are presented to the commission shall be as
follows:
1. The city manager shall present or introduce an agenda item to the commission.
2. The city staff may present a background report on the matter for discussion. Upon
conclusion of a staff report, commissioners may ask questions of staff for the purposes
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of understanding and clarification. If the agenda item is a public hearing, the presiding
officer will open the public hearing prior to staff presentation.
3. If applicable, comments from the applicant, or his agent, shall be heard by the
commission. The applicant's presentation/testimony is limited, subject to the discretion
of the presiding officer, to ten minutes.
4. After being recognized by the presiding officer, a commissioner may direct questions
to the staff or applicant.
5. Members of the audience or their agents may be invited to present testimony or
evidence. To be recognized, each person desiring to give testimony or evidence shall
step to the podium and, after being recognized, the presiding officer may request the
speaker give their name, and state whether they are residents of the city or property
owners within the city and address for the record. The audience
presentation/testimony is limited to three minutes per speaker. The presiding officer
may lengthen or shorten the time allotted for public testimony.
The remainder of 2.02.080.A shall not be amended.
Section 5
That section 2.02.100. - Rules of debate; reconsideration; conflict of interest; be amended as
follows:
A. Every commissioner desiring to speak shall address the presiding officer, and, upon
recognition by the presiding officer, shall confine discussion to the question under debate,
avoiding all personalities and indecorous language.
B. A commissioner, once recognized, shall not be interrupted when speaking unless the
commissioner is to be called to order, or as herein otherwise provided. If a commissioner,
while speaking, is called to order, the commissioner shall cease speaking until the question
of order is determined, and, if in order, the commissioner shall be permitted to proceed.
C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding
officer.
D. Reconsideration of previous commission action. A motion to reconsider any action taken by
the commission must be made on the day such action was taken. It must be made either
immediately during the same session, or at a recessed and reconvened session thereof. Such
motion shall be made by a commissioner of the prevailing side, but may be seconded by any
commissioner, and may be made at any time and have precedence over all other motions or
while a commissioner has the floor. It shall be debatable. Nothing herein shall be construed
to prevent any commissioner from making or remaking the same or any other motion at a
subsequent meeting of the commission, but the matter must be duly scheduled as an agenda
item.
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E. Conflict of interest. A commissioner may rely upon the advice of the city attorney as to
whether the commissioner has a conflict of interest pursuant to law. If the commissioner is
advised there is a conflict of interest, the commissioner shall must recuse himself or herself
themselves, step off the dais, and refrain from discussion and vote except when the
commissioner's participation is necessary to obtain a quorum or otherwise enable the
commission to act. In such a case, the commissioner shall disclose the interest creating the
appearance of impropriety and comply with the disclosure requirements of MCA 2-2-101 et
seq., prior to performing the official act.
Section 6
That section 2.02.110.C. – Open Meetings, remote meetings and email - be amended as follows:
C. A majority of the commission shall not conduct synchronized email electronic discussions
involving a matter over which the commission has supervision, control, jurisdiction, or
advisory power. Synchronized email electronic discussions are email electronic exchanges
among three or more commissioners within minutes of each other that create the quality of
simultaneity similar to instant messaging or chat room discussions. Such discussions are
characterized as an active exchange of information rather than the passive receipt of
information. An example of synchronized email electronic discussion would be three
commissioners sitting at their computers instantly exchanging emails communication
concerning city business, whereas a passive receipt of information is where a commissioner
receives an email a communication and responds in the normal course of time similar to
responding by letter received in the mail. The commission shall not view emails or other
electronic communication mechanisms concerning any matter on the agenda during a city
commission meeting unless the submission is part of a specifically approved and adopted
electronic public testimony program. Electronic communication mechanisms include text
messaging or any other emerging technology that violates the spirit of open meeting laws.
This does not preclude viewing emails or electronic communication mechanisms that were
received prior to the commission meeting. Emails Electronic communication received by
commissioners concerning an agenda item must be forwarded to the city clerk and retained
in accordance with the city's record retention policy.
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Section 7
That section 2.02.120 be replaced in its entirety by:
Sec.2.02.120 Decorum/Public Participation
A. The presiding officer or any three commissioners are authorized to enforce this section
and to establish procedures to aid in the implementation and enforcement of this section.
B. While the commission is in a session, all commissioners must preserve order and
decorum, and a commissioner shall neither, by conversation or otherwise, delay or
interrupt the proceedings or the peace of the commission nor disturb any member while
speaking or refuse to obey the orders of the commission or its presiding officer.
C. As the public has an opportunity to provide written comment on agenda items prior to a
city commission meeting, and to ensure an orderly and efficient meeting, the presiding
officer may establish time limits for speakers providing oral comment at city commission
meetings. Absent the presiding officer establishing an alternative time limit for public
comment, the time limit for oral comment is three minutes per person on each agenda
item.
D. The presiding officer may determine if public comment falls within the purview and
jurisdiction of the city commission. If the presiding officer determines a public comment
is not within the purview and jurisdiction of the city commission, the presiding officer
may require the person to explain how their comments are within the purview and
jurisdiction of the city commission. After such inquiry, if the presiding officer determines
a person’s comments are outside of the purview and jurisdiction of the city commission,
the presiding officer may order the commenter to cease speaking.
E. The following are reasonable time, place, and manner requirements applicable to
members of the public attending a city commission to enable the city commission to
conduct orderly and efficient meetings. All persons attending a city commission meeting
must comply with the following:
a. Time limits for oral public comment established by the presiding officer.
b. A person must only address the issue before the city commission for which
public comment is being taken and, subject to the authority of the presiding
officer as provided for in subsection (D) of this section, must refrain from
comments that are not relevant to the issue before the city commission.
c. A person must not engage in the following conduct or behavior:
i. make unduly repetitive comments;
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ii. speak without being recognized by the presiding officer;
iii. continue to speak after the allotted time has expired;
iv. attempt to engage the audience rather than the city commission;
v. disturb or interrupt any individual while speaking;
vi. engages in behavior that impedes the city clerk’s ability to manage the
on-line components of the meeting;
vii. physically interfere with the orderly operation of a meeting;
viii. physically assault another person;
ix. damage city property;
x. cheer, boo, clap, stomp feet, whistle, yell, or make other similar audible
outbursts;
xi. use any artificial noise-making device; or
xii. use loud, threatening, abusive, or obscene language.
d. The use or display of signs, banners, props, or other similar accessories is
permitted; however, any signs, banners, props or other accessories must not
disrupt the meeting or obstruct the view of audience members. Signs, banners,
props, or other similar accessories larger than 8 1/2 inches by 11 inches are
prohibited and the same shall not be illuminated or attached to any pole, stick, or
other device.
F. The presiding officer may declare a person to be in violation of subsection (E) if the
presiding officer determines the conduct or behavior prohibited by subsection (E)
actually disrupts the orderly and efficient operation of the meeting. In doing so, the
presiding officer must identify the provision of subsection (E) being violated, the
behavior or conduct the person is engaging in, and find the meeting is being disrupted.
Upon such determination the presiding officer may order the person committing such
conduct or behavior to cease and desist.
G. A person may be ordered to vacate the room or building in which the meeting is being
conducted, or may be disconnected from remote participation by the city clerk, under
the following circumstances:
a. If the presiding officer declares a person to be in violation of subsection (E) and
the person does not comply with the presiding officer’s order to cease and desist
pursuant to subsection (F), and upon one additional warning by the presiding
officer for the person to cease and desist, the presiding officer may order the
person to immediately vacate the meeting or may order the clerk to disconnect
the person from remote participation; or
b. The presiding officer determines the conduct or behavior of a person constitutes
an immediate threat to public safety. Behavior or conduct that constitutes an
immediate threat to public safety includes but is not limited to throwing objects,
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damage to city property, assault on a person, or specific threats of harm to
others with the apparent present ability to carry out such threats.
A person who is ordered to vacate the commission meeting, and who was attending
either in person or via remote participation, is barred from attending the remainder of
that city commission meeting both remotely and in person.
H. If a person ordered to vacate a meeting does not voluntarily and immediately do so, the
presiding officer may direct the sergeant-at-arms to remove that person from the
meeting.
I. The commission may prohibit a person from attending future meetings of the city
commission in person or remotely pursuant to this subsection.
a. A person may be prohibited from attending future city commission meetings in
the following circumstances:
i. The person has been ordered to vacate two prior commission meetings
and is ordered to vacate a third and for which all three orders to vacate
result from actual disturbance of the meeting;
ii. A person while attending a commission meeting or in the building in
which a commission meeting is occurring disturbs the meeting by
threatening another with physical harm;
iii. A person disturbs a commission meeting by physically assaulting
another while attending a meeting or while in the building in which a
commission meeting is occurring;
iv. A person is convicted of violating a criminal statute for behavior or
conduct that disturbs a city commission meeting while attending a city
commission or while located on city real property;
v. A person physically damages city property or the property of another
while attending a commission meeting or while located on city real
property and the damage disturbs a city commission meeting; or
vi. A person has been issued a trespass order for the building in which the
commission meeting is occurring (in such a case, the presiding officer
may authorize the person to appear through remote means only).
b. To prohibit a person from attending commission meetings under this section, the
commission must find the conditions stated in 2.02.170.I.a have been met. The
motion seeking to prohibit a person from future commission meetings must
specify the length of the prohibition. The commission must also specify whether
the person is prohibited from attending commission meetings in person,
remotely, or both. The motion can be made without prior notice to the person
prohibited.
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c. Persons have the right to request reconsideration of the decision of the city
commission if they are prohibited from attending a future meeting of the city
commission under this subsection (I). A person prohibited from attending future
city commission meetings must submit a request for reconsideration, in writing,
within thirty (30) days of the decision of the city commission to prohibit the
person from attending future meetings. The appeal must be presented to the city
commission by delivering a written statement to the city clerk addressing the
basis of the appeal. Any documents submitted to the city clerk related to the
request for reconsideration are public information. The city clerk will schedule a
public hearing on the request for reconsideration for the next available city
commission meeting. At the time of the hearing on the request for
reconsideration, the person seeking to have the city commission reconsider the
prohibition on attending future meetings may be represented by legal counsel.
The person prohibited may not attend the commission hearing in person but may
attend through remote means.
J. Sergeant-at-Arms. The chief of the police department is the sergeant-at-arms for all city
commission meetings and must enforce all orders of the presiding officer or majority of
commission. The chief of police may assign an employee of the police department to
act as sergeant-at-arms.
K. Documents or other evidence intended for distribution to the city commission and all
materials to be presented to the city commission and which are provided at a meeting of
the commission must be provided to the city clerk for inclusion in the record.
L. Section Applicable to Boards/Committees. The provisions of this section are applicable
to all city boards and committees where the majority of members are appointed by the
city commission, the mayor, or a combination thereof. Wherever in this section it refers
to the city commission, the name of the board or committee conducted a public meeting
shall be substituted. The presiding officer of a board or committee is the duly appointed
chair. The presiding officer of a board may enforce these rules, or the rules may be
enforced by a majority of the quorum present at a board or committee meeting. A board
may not prohibit a person from attending future board meetings pursuant to 2.02.170.I.
Only the city commission has the authority to prohibit a person from attending future
board meetings.
M. Violation a misdemeanor. Any person who violates this section is guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not to exceed
$500.00 and in addition shall pay costs and expenses of the case.
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Section 8
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full force
and effect.
Section 9
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 10
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 11
Codification. The provisions of Section 2 - 8 shall be codified as appropriate in Chapter 2 of the Bozeman
Municipal Code.
Section 12
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 11th day of June 2024.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading at a regular session therefor held on the 25th day
of June 2024.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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