Fulton Common Council, Open Meetings Law, Public Comment, First Amendment, City of Fulton

FULTON, NY — The City of Fulton Common Council has the legal authority to limit how long residents speak during public comment periods, but it cannot cut off speakers because it disagrees with their views, according to New York’s Open Meetings Law, the city charter and First Amendment case law.

The question of who may speak, and for how long, surfaces regularly at council meetings, particularly during contentious debates. State law and the city’s own rules draw clear lines around the practice.

No guaranteed right to speak

New York’s Open Meetings Law guarantees the public the right to observe government deliberations. Residents may attend Common Council meetings, listen to discussion and watch officials vote.

The law does not guarantee a right to speak. It is silent on public participation. The state Committee on Open Government, which interprets the law, has stated in advisory opinions that a public body that chooses not to allow public comment is “not obliged to do so” under state law.

As a result, the public comment period at a Fulton council meeting is not required by state law. It exists because the council provides it.

Authority from the city charter

The City of Fulton charter states that “the Common Council shall determine the rules of its own proceedings.” That provision is the legal basis for how public comment operates in Fulton, including whether it is offered, how long each speaker receives and how residents sign up.

That authority has limits once the floor opens to the public.

First Amendment limits

Courts treat a government meeting’s public comment period as a “limited public forum.” Under that standard, a council may regulate the time, place and manner of comments, but it may not regulate them based on a speaker’s message or viewpoint.

Three requirements govern the practice. Restrictions must be reasonable, serving a legitimate purpose such as managing a long agenda or giving every speaker a fair turn. They must be viewpoint-neutral, meaning the council cannot silence a speaker because officials dislike the message. And they must be applied equally to every speaker.

Legal authorities identify viewpoint neutrality as the most frequent source of disputes. Criticism of a council, its policies or its members is among the speech most strongly protected by the First Amendment.

Time limits permitted

A council may set a time limit on individual comments. Courts have upheld per-speaker limits, with three minutes the most common figure, and have permitted governments to shorten speaking time when a long agenda requires it, provided the rule applies to everyone.

The Committee on Open Government has reached the same conclusion in New York, stating that a public body “may limit the amount of time allotted to a person who wishes to speak at a meeting, so long as the limitation is reasonable.”

A council may also require that comments relate to city business and may ask speakers to sign up in advance. Those rules cannot be used to silence an unpopular opinion.

Fulton’s current procedure

In February 2024, the Common Council revised its public comment procedure. Comment was divided into two parts: one near the start of the meeting for remarks on agenda items, and a second at the end for topics not on the agenda. The council also began requiring speakers to sign up in advance, a practice used at City of Oswego Common Council meetings.

The sign-up requirement drew objections. Resident Dave Mankiewicz argued that requiring advance registration could prevent a person from responding if they were named or criticized during the meeting.

Time limit not posted publicly

Fulton’s specific per-speaker time limit does not appear in the city charter or on the city’s website. It is contained in the Common Council’s Standing Rules of Order, last amended in February 2024. Residents seeking the figure may request a copy of those rules from the City Clerk’s office at (315) 592-5390 or review the rules printed on a recent meeting agenda.

This article is for general information and is not legal advice.