Valley City, ND (CSi) –  During the Public Comment portion of the Feb 7, 2017 Valley City Commission meeting, Mayor Carlsrud read a portion of the printed agenda Public Comments section,  (full printed section below) pertaining to comments from the public per a request.

Valley City resident, Lloyd Nelson stepped up to the podium.  Nelson was graveled down – told to sit down.  (at 1:28 in video).   He attempted to find out why the printed agenda had a “public comment” section but the public could not comment, and was told he was not on the agenda, out of order and to sit down.

Later in the meeting, Nelson attempted to ask a question, and the Mayor turned off the audio system to the CSi TV live feed. (at 3 minutes into this video). During the “silence” it appears City Attorney Russel Myhre was saying something to Mr. Nelson. The audio came on for a couple seconds and was then turned off again by the Mayor until Nelson left the podium.  The nature of the exchange was not heard by the public in the live or replay of the meeting (now on CSi 68).

From the printed Agenda:  02.07.17 City Commission Meeting Agenda

PUBLIC COMMENTS – Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting. The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations. 

  • No personal attacks to persons present or not 
  • No inflammatory language used during time that you have the platform 
  • 5 minute maximum or as directed by the chair 
  • Thank you for participating in City Government.

Items in green, printed on the agenda,  were not read at the public meeting.   As one can see, the language printed on the agenda is a bit conflicting.  While state law does not require the Comission to allow public comments,  the Commission has allowed comments during the “Public Comment” section of the meeting.   The wording on the agenda does give local guidelines as to length of comments, and nature of how comments are delivered.

As of December 20, 2016,  the agenda listed it as PUBLIC FORUM – sign in required.  It was during that meeting that Nelson was ruled “out-of-order”.

However, by January 3, 2017, the wording had changed to PUBLIC COMMENTS and the requirement to “sign-in” had been removed.

During the February 7, 2017 meeting it appears that Mr. Nelson was incorrectly told that he was not on the agenda,  as the requirement to sign-in had been removed.  The change in wording occurred between Dec 20 and Jan 3.

Wording as of Dec 20, 2016:  

PUBLIC FORUM – sign in required.    Attorney General’s “A Citizen’s Guide to North Dakota Open Records & Open Meetings Laws” *A member of the public does not have the right to speak to the governing body at an open meeting. The public is only entitled to see and hear what happens at a meeting, and to record or broadcast those observations. 

  • No personal attacks to persons present or not 
  • No inflammatory language used during time that you have the platform 
  • 5 minute maximum or as directed by the chair
  • Thank you for participating in City Government.