WEEKEND REWIND: Political signs can be limited at City Council meetings, Port Angeles city attorney says

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PORT ANGELES — It’s not unusual for political signs to be banned in City Council chambers, according to city officials.

The issue was raised by City Councilman Lee Whetham last Wednesday after a notice prohibiting signs was posted at last Tuesday’s council meeting.

He had asked for clarification from City Attorney Bill Bloor and City Manager Dan McKeen.

The issue also was raised in a complaint Marolee Smith filed last Thursday that alleged that Deputy Mayor Cherie Kidd had violated the city’s Code of Ethical Conduct during Tuesday’s council meeting.

The meeting was attended by some 50 to 60 people, most drawn by the issue of city fluoridation of water.

Fluoridation was not on the agenda. Speakers commented on the issue during two public comment periods, one at the beginning of the meeting and one at the end.

The signs prohibition was among eight points in Smith’s complaint, which calls for Kidd to be removed as deputy mayor, a position the council named her to in January.

Bloor, responding to Whetham’s request, said last Friday a sign prohibition was posted during an Oct. 22 city-sponsored educational forum on fluoridation before the City Council decided Jan. 5 to continue the practice on a 4-3 vote.

Kidd had the signs prohibition posted Tuesday before she chaired the meeting.

“Signs have not been allowed in the council chambers,” she said Saturday morning, adding that she discussed the move with Mayor Patrick Downie beforehand.

“We both agreed it was appropriate. We wanted things to get back to normal.”

Recent council meetings that have focused on fluoridation have been marked by boisterous public comment sessions.

People do not have a legal right to bring any sign into City Hall, Bloor said.

City governments across the state can set their own rules about signs in their city halls, which are classified as “limited public forums,” unlike such venues as sidewalks and public parks, which are “traditional public forums.”

“That goes along with not having an absolute right to insist they speak to a City Council,” Bloor added. “A City Council meeting is to conduct council business.”

Bloor outlined the sign policy in an email to council members at 4:47 p.m. Friday.

He framed it in free speech terms.

“This practice regarding signs is consistent with the principles that allow a City Council to restrict public speech at council meetings,” Bloor said in the memo.

“The public does not have a legal right to speak at council meetings,” Bloor continued. “Except for required public hearings, the public does not have a legal right to insist on being heard during a council meeting. Understand that I am stating the legal principles.”

Among other points in Smith’s complaint against Kidd are allegations that, in addition to prohibiting signs, Kidd rushed and then abruptly terminated public comment, that she adjourned the meeting in a way not consistent with Robert’s Rules of Order, that she harassed speakers, that she was rude to several council members and that she “did not conduct herself toward the public in a civil or professional manner, and did not foster public respect and cooperation.”

Kidd has said she feels “there is no validity at all in any of the charges.”

The City Council will discuss the complaint at the council’s next regular meeting Feb. 16.

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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at pgottlieb@peninsuladailynews.com.

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