Opinion Number

Dear Representative Hudson:

I am in receipt of your request for an Attorney General's opinion concerning the interpretation of LSA-R.S. 42:5.1 which was enacted pursuant to Act 895 of the 1997 Regular Session. You state that it is believed that the legislative history of Act 895 will reveal that proponents of the bill were seeking legislation to specifically require a school board to allow public comment at any meeting of the school board prior to taking any vote.

You have indicated that prior to the passage of Act 895, several school boards in this state allowed absolutely no public comments prior to taking a vote. However, there were numerous school boards in the state that did allow public comment. The St. Landry Parish School Board was one of those schools. You are of the opinion that the St. Landry Parish School Board is now relying upon LSA-R.S. 42:5.1 to limit public comment at school board meetings.

By telephone, you amended your original opinion request. You indicated that the Board requires anyone that desires to speak to fill out a sign-up card before the meeting to speak on a specific agenda item. Specifically, you ask whether the Board can limit the individuals that can speak at a meeting to individuals that completed a sign-up card.

LSA-R.S. 42:5.1 provides the following:

School board meetings; public comment Notwithstanding any other law to the contrary, each school board subject to the provisions of this Chapter shall allow public comment at any meeting of the school board prior to taking any vote. The comment period shall be for each agenda item and shall precede each agenda item. A comment period for all comments at the beginning of a meeting shall not suffice as a comment period.

The St. Landry Parish School Board's policy states the following in pertinent part on public participation:

A public comment period shall be held before any vote is taken on an agenda item. The comment period shall precede each agenda item. Concerns and public comments shall be limited to five minutes unless the time is waived by the majority of the Board members present. However, a person is not entitled to take up business before the Board unless the item in which he is introduced has been placed on the agenda of that meeting. Anyone wishing to speak on a specific item must present the request ahead of time prior to convening of the meeting. Sign-up cards must be filled out before the meeting by the person wishing to speak on a specific agenda item. In addition, the President of the Board may recognize persons at the Board meetings for the purpose of introducing such persons.

A city or parish school board is authorized to make such rules and regulations for its own government not inconsistent with law or with the regulation of the State Board of Elementary and Secondary Education, as it may deem proper. (See LSA-R.S. 17:81C). LSA-R.S. 42:5.1 clearly states that public comment shall be allowed at any school board meeting prior to taking any vote. The statute also states that the comment period shall be for each agenda item and shall precede each agenda item. However, the statute does not preclude a school board from placing requirements on individuals that desire to speak such as filling out a sign-up card before a school board meeting.

I hope this opinion sufficiently addresses your concerns. If I can be of further assistance, please let me know.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: __________________________ BETH CONRAD LANGSTON ASSISTANT ATTORNEY GENERAL

RPI/BCL/sc

98.17.op

OPINION NUMBER 01-394

November 8, 2001

90-B-4 Public Meetings R.S. 42:5

Public bodies conducting a meeting shall provide by adoption of reasonable rules for opportunity for public comment at the meeting.

Mr. Bobby Gill, Mayor Town of Kentwood 308 Avenue G Kentwood, LA 70444

Dear Mayor Gill:

This office is in receipt of your request for an opinion of the Attorney General in regard to public participation at Town meetings. You indicate the Town of Kentwood has an existing policy that requires anyone wanting to be on the agenda to notify the Mayor of the item at least 48 hours before the time for a public meeting. You question whether this policy conforms to Act 285 of 2001 which enacted Paragraph (D) of R.S. 42:5, and if not, what changes need to be taken for conformity.

With the enactment of Paragraph (D), R.S. 42:5 provides as follows:

A. Every Meeting of any public body shall be open to the public unless closed pursuant to R.S. 42:6, R.S. 42:6.1, or R.S. 42:6.2.

B. Each public body shall be prohibited from utilizing any manner of proxy voting procedure, secret balloting, or any other means to circumvent the intent of R.S. 42:4.1 through R.S. 42:8.

C. All votes made by members of a public body shall be viva voce and shall be recorded in the minutes, journal, or other official written proceedings of the body, which shall be a public document.

D. Except school boards, which shall be subject to R.S. 42:5.1, each public body conducting a meeting which is subject to the notice requirements of R.S. 42:7(A) shall provide an opportunity for public comment at such meeting, subject to reasonable rules, regulations, and restrictions as adopted by the public body.

As can be seen by the enactment of Act 285 of 2001, it is mandated that when public bodies conduct a meeting it shall provide an opportunity for public comment at the meeting "subject to reasonable rules" adopted by the public body.

In Atty. Gen. Op. 01-91 this office noted that in Lassalle v. Daniels,673 So.2d 704 (La.App. 1 Cir. 1996) the court observed that the rights of free speech and assembly, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may address a group at any public place or at any time. Based upon this court decision, this office concluded that the Lafayette City-Parish Council's resolution regulating the time for citizen participation before the Council meeting to the last Tuesday in each month was not unconstitutional.

In Atty. Gen. Op. 98-17, which recognized each school board shall allow public comment at any meeting of the school board prior to taking any vote, and that the comment period would be for each agenda item preceding each item, it found that the statute did not preclude a school board from placing requirements on an individual that desires to speak of filling out a sign-up card before a school board meeting.

It is clear from the statute in question that the only requirement is that there be an opportunity for public comment before a meeting of a public body in accordance with rules adopted by the public body that are "reasonable".

In this regard we find the Board is responsible for adjudging its rules as to the reasonableness and compliance with the statutory requirements, but it appears that the rule requiring a notice 48 hours before the meeting by those requesting an opportunity for public comment, and having public comment on each agenda item in line order is reasonable, and fulfills the directives of Act 285 which simply requires that the public be given a time to comment on agenda items at the public meeting.

We hope this sufficiently answers your inquiry.

Very truly yours,

RICHARD P. IEYOUB Attorney General

By: ___________________________ BARBARA B. RUTLEDGE Assistant Attorney General

RPI/bbr

Date Received: October 11, 2001

Date Released: November 8, 2001

Dear Mr. Grant:

This office is in receipt of your request for an opinion wherein you inquire as to whether the Jefferson Parish School Board's public comment policy is in compliance with the provisions of LSA-R.S. 42:5.1.

In 1997, the legislature enacted LSA-R.S. 42:5.1 as part of the Open Meetings Law. The section is titled, "School board meetings; public comment" and states:

Notwithstanding any other law to the contrary, each school board subject to the provisions of this Chapter shall allow public comment at any meeting of the school board prior to taking any vote. The comment period shall be for each agenda item and shall precede each agenda item. A comment period for all comments at the beginning of a meeting shall not suffice as a comment period.

The Jefferson Parish School Board's policy states the following, in pertinent part:

Citizens or other individuals who desire to speak may do so by calling the Superintendent's Office, verbally making a request and stating their name and topic. Delegations or individuals who desire to speak on an agenda item immediately before that item is discussed by the Board may do so by submitting a fully completed and signed "Speaker's Card" and submitting it to the Secretary of the Board prior to the 7:00 p.m. start of the School Board meeting. Each delegation shall select one of its members to be its speaker and provide the Secretary of the Board with the name of the speaker. Comments by speakers during this delegations period shall be strictly limited to the agenda item before the Board. Scheduled and unscheduled delegation periods shall be limited to a total of one hour with individual speakers limited to three minutes at the discretion of the Board. Speakers shall refrain from making accusatory or defamatory comments about individuals by name. Speakers who violate this policy may be denied the opportunity to continue to address the Board during that meeting.

A city or parish school board is authorized to make such rules and regulations for its own government not inconsistent with law or with the regulation of the State Board of Elementary and Secondary Education, as it may deem proper. LSA-R.S. 17:81(C). LSA-R.S. 42:5.1 clearly states that public comment shall be allowed at any school board meeting prior to taking any vote. The statute also states that the comment period shall be for each agenda item and shall precede each agenda item. However, LSA-R.S. 42:5.1 does not preclude a school board from placing requirements on individuals that desire to speak such as filling out a public comment or speaker's card before a school board meeting, limiting the speaker to the agenda item on which he would like to speak, limiting the amount of time for each speaker, and/or restricting speakers from making defamatory or accusatory comments. La.Atty.Gen.Op. No. 98-17. Therefore, this office opines that the Jefferson Parish School Board's public comment policy does comply with LSA-R.S. 42:5.1.

I trust that this adequately responds to you request. If you have any questions and/or additional information becomes necessary, please advise.

Yours very truly,

CHARLES C. FOTI, JR. ATTORNEY GENERAL

BY: ___________________________ CHARLES H. BRAUD, JR. Assistant Attorney General

CCF, Jr./CHB, Jr./dr

OPINION NUMBER 98-17

MAY 1, 1998

94 — SCHOOLS AND SCHOOL DISTRICTS — ADMINISTRATION GOVERNMENT AND OFFICERS

LSA-R.S. 42:5.1
LSA-R.S. 17:81C

LSA-R.S. 42:5.1 does not preclude a school board from placing requirements on individuals that desire to speak such as filling out a sign-up card before a meeting.

The Honorable Charles I. Hudson Louisiana House of Representatives, District 40 1115 West Vine Street Opelousas, Louisiana 70570