(a) Meeting Participation. The public is welcome at all council meetings and is encouraged to attend and participate in conjunction with the deliberations of the council. Recognition of a speaker by the chair is a prerequisite and necessary for an orderly and effective meeting, be the speaker an attendee, council member or staff member. Further, it will be expected that all speakers will deliver comments in accord with the provisions of subsection (2)(d) of this section. Audible or other disruptive use of mobile telephones or electronic devices is prohibited in the council chamber during council meetings.

(b) Public Comment. The public may address any matters related to the operations of the town with the mayor and council under “Public Comment,” including items on the agenda. They shall first obtain recognition by the chair and state the subject of their comments. The chair shall then allow the comments, subject to a three-minute limitation per speaker, or other limitations as the chair or council may deem necessary. The chair has discretion to adjust the order of speakers so that testimony on agenda items is heard in the most logical grouping (i.e., proponents, opponents, adjacent owners, etc.), or in the interest of available meeting time, or to limit repetitive comments. If action is required or has been requested on any nonagenda item following public comment, the chair may place the matter on the current agenda, or a future agenda, or refer the matter to staff or a council committee for action or investigation and report at a future meeting or take such comments under advisement without further action.

(c) Manner of Addressing the Council – Time Limit. Each person addressing the council shall provide their name and address; provided, however, stating one’s name and address is not mandatory and shall not be a condition of attendance or making public comments [RCW 42.30.040 states: “A member of the public shall not be required as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.”] in an audible tone of voice for the record and, unless further time is granted by the council, shall limit their remarks to three minutes. “Public Comment” agenda items shall be limited to a total of 15 minutes for all speakers in each segment (combined total of 30 minutes set aside for public comment at each council regular meeting, inclusive of all speakers in both segments) unless additional time or less time is agreed upon by the council (dependent upon the length of the council agenda). All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the chair, members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked of the council members except through the chair. The council will then determine the disposition of the issue (information only, place on present agenda, workshop, a future agenda, assign to staff, assign to councilor or council committee, or take no action).

(d) Prohibited Remarks. Persons addressing the council are prohibited from using fighting words, making threats and making slanderous or defamatory remarks. For purposes of this subsection, a “threat” is defined to mean a statement made in a context or under such circumstances wherein a reasonable person would foresee that the statement would be interpreted as a serious expression to inflict bodily harm upon or to take the life of another individual. For purposes of this subsection, “fighting words” is defined to mean language which, by its very utterance, inflicts injury or incites an immediate breach of the peace. The presiding officer is authorized to rule such remarks out of order. [RCW 42.30.240(4), relating to public comment at public meetings states: “Nothing in this section requires a governing body to accept public comment that renders orderly conduct of the meeting unfeasible.”]

(e) Written Communications. Interested parties, or their authorized representatives, may address the council by written communication with respect to any matter concerning the town’s business or over which the council has control. Written communications pertaining to scheduled council agenda items are encouraged and acceptable at any time but should whenever possible be submitted at least one week in advance. Such written communication may be submitted to the council by mail or other means care of the clerk-treasurer who will distribute copies to all council members. Any written communication will be entered into the record without the necessity for reading aloud as long as sufficient copies are available or accessible to members of the public.

(f) Comments in Violation of the Appearance of Fairness. The chair may rule out of order any comment made with respect to a quasi-judicial matter pending before the council or its boards or commissions. Such comments should be made only at the hearing on a specific matter. If a hearing has been set, persons whose comments are ruled out of order will be notified of the time and place when they can appear at the public hearing on the matter and present their comments.

(g) Out of Order Comments. Any person whose comments have been ruled out of order by the presiding officer pursuant to subsection (2)(d) of this section shall immediately cease and refrain from further improper comments. The refusal of an individual to desist from further prohibited remarks after being ruled out of order by the chair may subject the individual to removal from the council chambers pursuant to RCW 42.30.050. (Res. 434 §§ 1, 2, 2023; Res. 401 §§ 1, 2, 3, 2020; Res. 376 §§ 1, 2, 2019)