Willmar Labor Relations Committee discusses limits to open forums

WILLMAR - The Willmar City Council’s Labor Relations Committee discussed but took no action Wednesday on the possibility of changing the protocol to the council’s 15-year-old “open forum.’’
The committee discussed the issue because certain elected officials have from time-to-time expressed concerns with allowances and limitations to the content of the open forum, said Interim City Administrator Kevin Halliday.
The open forum typically takes place near the beginning of the council agenda. The sign-in sheet states that speakers are limited to three minutes and their concerns should exclude making comments on negotiated items such as bids for service or equipment, agreements, franchise terms, labor contracts or lawsuits. Candidates for office cannot use the time for political comments.
Halliday said staff recommended the committee discuss three concerns. One was whether candidates for political office (or stated write-in campaigns) should forfeit their privilege to use the open forum since visibility on camera may be a campaigning strategy.
Another concern was that school business, county business, and state and federal programs should not be addressed because the council cannot exercise control over those issues.
Also, speech by the Recall Ron Christianson Committee members may be acceptable or may be considered campaigning, he said.
Public comment is also taken by each of the council’s four committees. Two of the 15 people attending the Labor meeting - Steve Gardner and Jessica Rohloff - spoke.
Gardner said he’d hoped the conversation would center on council members’ comments toward members of the general public “who dare exercise their right to speak at open meetings of the council and its committees.’’
Since that was not the case, Gardner said, the committee should carefully consider the effects of unduly limiting protected speech by the public at any meeting. Should the committee determine to shut down or limit the public’s voice, he predicted a wave of civil disobedience at future council and committee meetings.
He said the council has already set the precedent of allowing overtly political speech by candidates last fall, and he cited Bob Enos, who ran for council in Ward 3, and Bob Skor, who was a write-in mayoral candidate.
“If it was a concern now, it should have been a concern then, and I find it curious we are only addressing this seeming concern now,’’ Gardner said. Also, Gardner renewed his call for a public apology from the council member who disparaged him at the joint Labor Committee/City Council meeting May 13.
Jessica Rohloff, president of the Willmar Area League of Women Voters, said the open forum already has parameters. She said the lack of civility has generally not been on the part of the public, but on the part of council members.
“I don’t think the answer to increased civility is … to put unnecessary limitations on the public to express themselves to you,’’ she said, adding the best thing to do in a community where people feel unheard “is to give them an opportunity to be heard.’’
Committee Chair Steve Ahmann said he researched how other cities handle public comments such as Rochester where the mayor and city attorney weigh in if comments are inappropriate, and St. Cloud where the first five speakers to sign up are allowed to speak and are limited to speaking twice a year.
Ahmann said he valued people’s opinions and wanted to keep speech civil. He asked the committee if they wanted to establish a policy if there is no written policy. This was not the first time the issue has been brought up by the council and staff, he said.
Christianson said the need for some restrictions is quite evident. The purpose of the meetings is to conduct city business. He favored limiting the time set aside for the open forum to 15 minutes total because council meetings are getting lengthy. He favored requiring speakers to provide advance written notice of their intent to speak, and to speak to agenda items.
“No doubt it’s important to have public comment. But when it becomes a three-ring circus as in several meetings, it’s hard to conduct city business, hard to concentrate, think straight, especially at the beginning of the meeting. It sets the tone,’’ he said. “The tone for the meetings has been ugly for the last several meetings, especially for one particular councilperson.’’
Christianson said the council has the power to do whatever it wants to do under the city charter, which describes a strong council-weak mayor form of government. Christianson said he was told years ago by former council member Dick Halterman that the council “can do anything, make any motion, even if it’s illegal.’’
Committee member Denis Anderson said the real issue is the recall effort, which the charter speaks to, and Anderson said he favors the three-minute time limit.
But he said the issue merits a lot of thought and he wanted to hear what other council members think. “It’s important that we get it right. I don’t want to rush into this,’’ he said.
Mayor Marv Calvin said the council had the policy in place before he was elected last year. But he said the three-minute rule wasn’t enforced until after he began serving as mayor.
Ahmann said he didn’t want to hinder any communication with the public, but wanted to set a format for running efficient and professional meetings. Unless there was action, the committee could just continue working on it, he said.