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A small Southeast Texas town recently approved a resolution that would require individuals to notify the city secretary with a written notice of their intent to record future city council meetings.
Oct. 19, the Kountze City Council unanimously passed a resolution for policies and procedures for public comments and recordings of council meetings.
“It is the goal of the city to efficiently receive comments from members of the public at city council meeting,” the resolution stated.
City officials maintain that the newly implemented recording rules comply with the requirements of the Texas Open Meeting Act (TOMA), which gives any member of the public the right to make a video or audio recording of an open meeting, but also allows the governing body the right to adopt reasonable rules that are necessary to “keep order” at public meetings.
According to the resolution dealing with videotaping, tape recording or recording council meetings, any person attending a council meeting is allowed to record the open portion of a meeting with a tape recorder, video camera or other means of aural or visual reproduction, further advising that the council “encourages the press, the broadcast media and all interested individuals” to attend council meetings and to videotape or record all or any part of the open proceedings, and the city and staff will seek to facilitate “all reasonable requests” relating to videotaping or recording activities.
The resolution also stated that the council does not intend to prevent or unreasonably impair camera coverage or tape recordings, but individuals using recording devices must abide by a set of rules that includes all recording equipment must be set up in a location designated by the city secretary or mayor before the meeting starts; the equipment must be stationary at all times during and after the meeting, assembled and in place at least 15 minutes prior to the meeting; and equipment that requires set-up cannot be taken down during the course of the meeting, but can be removed during a recess or after the meeting.
The presiding officer can stop audio or visual recording if it disrupts or interferes with the meeting. No strobes, flash lighting or other bright lights are allowed unless the presiding officer approves it before the meeting.
Exacting a search of other city governmental policies limiting recording of open meetings, The Examiner was unable to find any similar policies.
Public comments
As per citizen comments, the Kountze resolution stated the council has the right to limit the number of speakers, who must sign-up in advance of the meeting. The sign-up sheet will be available 15 minutes before the meeting. Each speaker has three minutes.
Resident Cheryl Bean, who has been a frequent speaker at council meetings, said she feels the council has been doing everything in its power to keep residents from speaking for the past year.
“Freedom of speech is an important thing of any republic,” Bean added.
Public comment periods for city councils vary by municipality. In the city of Beaumont, after the Consent Agenda and Regular Agenda are completed, the mayor invites citizens who wish to speak. There is a three-minute limit which is kept track of with a countdown timer at the podium.
According to the city of Port Arthur Code of Ordinances, the council shall provide citizens a reasonable opportunity to be heard at any meeting in regard to any matter under consideration.
According to the council agendas, the city of Vidor has a designated time for citizen comments. Citizens who desire to speak during the city council’s consideration of any specific agenda item is requested to notify city staff prior to the meeting. Comments are limited to three minutes.
The cities of Lumberton and Silsbee have no rules or ordinance concerning public comments or recordings of council meetings but have a designated times for citizen comments on their agendas.