Marengo council renames ‘public forum’

MARENGO — The open forum portion of Marengo City Council meetings will now be called “resident comments.”

The City Council made the change to more accurately describe what is allowed during that portion of city council meetings.

According to the Iowa League of Cities, which guides city councils through Iowa open meeting laws, the city council shouldn’t discuss items other than what was on the agenda when it was posted.

The council must provide 24 hours notice to the public about what will be discussed at the meeting. If an item is added to the agenda less than 24 hours prior to a meeting or at a meeting, the public may contend that proper notice was not given.

Therefore, if someone brings up a topic during the public forum section of the meeting, the mayor or presiding officer should defer the discussion and action to the next council meeting or suggest a special meeting be called if there is an immediate need to address the issue, the League of Cities says.

It is not appropriate to move forward with action on an item that was not on the agenda.

During the last few months, residents of Marengo have confronted the city council during open forum, asking that the council answer questions about topics not on the agenda.

The council, city administrator, mayor and police chief have answered questions asked by the residents even after City Attorney Gage Kensler advised them not to.

Mayor Adam Rabe and City Administrator Karla Marck have reminded council members before open forum that they are not to discuss topics not on the agenda.

Open forum is not the same as a public hearing, which is required by law for certain situations, such as prior to the adoption of a budget, Iowa League of Cities says. Public hearings solicit public input on specific proposed actions.

But many cities provide a time for public comment at every meeting in order to allow residents to give feedback and have input in their city government.

Cities can make rules of conduct for their meetings to ensure the meetings are orderly, the League of Cities says. The rules can permit the council or presiding officer to establish time limits for public comments.

The mayor or presiding officer is ordinarily responsible for enforcing these rules.

The City of Marengo limits comments during open forum to three minutes and requires that speakers give their names and addresses.

Marck said people seemed confused about the meaning of open forum.

With the name changed to resident comment, people won’t be shocked that the council can’t respond, Marck said. Resident comment explains it better.

Councilman John Hinshaw said the change is more respectful because it gives people their full three minutes to speak rather than having some of their time taken up by responses from city officials.

Information about open meetings laws is available at iowaleague.org/.