FENWICK ISLAND – Concerns surrounding the limitation of public comments and council interaction highlighted a meeting in Fenwick Island last week.
In a Fenwick Island Town Council meeting held virtually last Friday, Town Manager Terry Tieman provided an explanation behind the council’s decision not to respond to public comments, which are typically accepted at the end of town council meetings.
The topic was placed on last week’s agenda after she said town officials were asked why the Freedom of Information Act (FOIA) prohibited the council from addressing public comments and questions during a meeting.
“There’s not a specific section of FOIA that expressly prohibits this, but it’s more or less along the guidance that the (attorney general’s) office gives for meeting requirements …,” she said. “The AG opinion essentially says that members of the public exercising their First Amendment rights can raise all sorts of issues and topics during a public comment portion of a meeting. If the issue or topic raised was not specifically noted for public discussion on the meeting agenda, then there must be a compelling reason why discussion cannot wait until a later meeting to allow for proper notice under FOIA. This way, all interested parties to the issue or topic raised are informed and given the opportunity to observe and/or participate in the discussion.”
Tieman noted that in the past council members have engaged in discussion during public comments, resulting in question-and-answer sessions about hot topics such as zoning or the redevelopment of the Sands Motel, to name a few examples. Under the advisement of town solicitor Mary Schrider-Fox, she said the council was taking a cautious approach.
Tieman added that the town has also limited the public comment period to 30 minutes, as well as the length of time each participant can speak.
“We’ve allowed two minutes,” she said. “Normally, we would have allowed people to speak for as long as they wanted. But some of it is because we are in a Zoom meeting and it handles the Zoom meeting so much better. We do not allow speakers to give their time to others, we review the guidelines at the beginning of each comment period, which we do, and explain that the council will not engage in dialogue with the public at this time.”
Councilwoman Vicki Carmean told Tieman the town should simplify its policy on public comments.
“Basically, it boils down to the fact that FOIA is recommending that lengthy discussions do not take place on a topic unless it’s already on the agenda …,” she said. “I understand why you would not want to get involved in a lengthy back-and-forth discussion between the public and council on a topic that has not been addressed – and it happens – but when you get into all of this verbiage it gets confusing.”
Immediately following Tieman’s presentation, Mayor Gene Langan called for the council to consider a resolution outlining his authority to set the agenda and the length of public participation, which passed 6-1 with Carmean opposed.
“I believe you already had that power, so it’s fine with me …,” Councilman Bill Weistling said. “This is more administrative. You set the agenda.”
Tieman agreed.
“Yes, this just clarifies it so there’s no doubt in anybody’s mind going forward,” she said.
During public comments later in the meeting, several community members shared their frustration with the lack of communication among council members and residents.
Last week’s public comment portion was limited to 15 speakers, though several more were given a chance to speak.
“You need to be aware of the fact that you are our elected representatives and you are not doing your job properly,” resident Peter Frederick said. “You need to communicate properly. The lack of communication is what’s causing all of our problem and what is increasing our legal bills.”
Resident Gail Warburton called for a residential liaison committee, similar to the town’s business development committee.
“Residents deserve to be heard and protected by our council,” she said. “We deserve a residential liaison committee to provide the same representation already provided to the commercial committee.”
Resident Patti Breger said both residents and council members were ultimately working toward the same goal, to make Fenwick a family oriented town.
“You must do your job, you must tell the people what they need to know and let them communicate with you in a civil manner,” she said.
