HOW A CITIZEN CAN BE HEARD
SHELBY CITY COUNCIL
PUBLIC COMMENT POLICY

POLICY PURPOSE

To establish a policy for citizens to appear before the Shelby City Council at their second regular meeting each month.

PLEASE NOTE THERE ARE NEW RULES AND REQUIREMENTS FOR MEETINGS OF PUBLIC BODIES DURING STATE-LEVEL DECLARED EMERGENCIES SUCH AS THE CURRENT COVID-19 PANDEMIC.  PLEASE CONTACT THE CITY CLERK'S OFFICE AT 704 669-6588 FOR THOSE SPECIFICS.

COVERAGE

This policy, upon adoption by the Shelby City Council, shall remain in effect until such time that it is altered, modified, or rescinded by the Shelby City Council.

POLICY

Anyone desiring to address the Council must sign up with the City Clerk prior to 6:00 p.m. on the meeting night by giving their name, address, and a short description of the topic on the signup sheet located in the Council Chambers.

Each speaker must be recognized by the Mayor as having the exclusive right to be heard.

Comments are limited to three (3) minutes per speaker. A speaker cannot give their allotted minutes to another speaker to increase that person’s allotted time.

Maximum of three (3) participants on the same subject. It is recommended that if there are several people who wish to speak on the same subject that they choose one person to speak for all.

The time allotted for Public Comment will be 15 minutes in total. The Council can choose to extend the time for public comment, by a majority vote, an additional 15 minutes; for a maximum time limit of 30 minutes for public comments.

Individuals, who sign up but cannot speak because of time constraints, will be carried to the next regular meeting of the Shelby City Council with Public Comment (second regular meeting each month) and placed first on the Public Comment agenda.

For clarification, the Shelby City Council members may ask the speakers questions. The Shelby City Council generally will not act on an item that is presented during Public Comment but may, if there is a consensus, call for a vote.

The public can address the Shelby City Council on any issue other than public hearings items and those that would be covered in closed session, which would include but not be limited to attorney/client privilege, personnel, land acquisition, and contract negotiations.

Anyone desiring to address the Shelby City Council on a specific concern requiring more effective and informed action by the Shelby City Council should contact the City Clerk at least two (2) weeks prior to the third Monday of the month for the topic to be reviewed for consideration to be placed on the agenda.

Whenever possible, staff will address the concern directly, but if staff cannot address the issue then it will be placed on the agenda as early as is practicable. The person making the request should provide sufficient information pertaining to their concerns to allow the Shelby City Council to review the citizen’s concerns and/or request.

REFERENCE AND AUTHORITY

North Carolina General Statute 160A-81.1.  Public comment period during regular meetings. The council shall provide at least one period for public comment per month at a regular meeting of the council. The council may adopt reasonable rules governing the conduct of the public comment period, including, but not limited to, rules (i) fixing the maximum time allotted to each speaker, (ii) providing for the designation of spokesmen for groups of persons supporting or opposing the same positions, (iii) providing for the selection of delegates from groups of persons supporting or opposing the same positions when the number of persons wishing to attend the hearing exceeds the capacity of the hall, and (iv) providing for the maintenance of order and decorum in the conduct of the hearing. The council is not required to provide a public comment period under this section if no regular meeting is held during the month. (2005-170, s. 3.)

PUBLIC HEARINGS

Prior to the enactment of some ordinances and resolutions, the law requires that City Council conduct a public hearing in order that the public may have an opportunity to be heard specifically on the issue before the governing body. The most common of these are zoning changes, subdivision approvals, annexations, the ordering of public improvements and determination of assessments. Public hearings are usually conducted in the general course of a regular meeting and this is the time for you to be heard. When speaking at a public hearing, an individual will be asked to come forward to the podium, state his or her name and address, and direct their comments to the Mayor and City Council. In the interest of time, and as a courtesy to others who wish to be heard, a speaker will generally be requested to keep their remarks to about three (3) minutes. Should a hearing be well attended with many people wishing to speak, a sign-up sheet may be used to register speakers to assure an orderly hearing of all who wish to address City Council.