Can a city bar an employee from speaking during public comment?

We are looking at some things we think are issues in the City of Cohoes, where transparency seems to be a major concern. We had some questions we were hoping you might help us with.

1. The Cohoes Common Council meets twice a month. The first meeting of the month is labeled as a workshop, but the agenda includes public comments. If someone speaks at this workshop meeting, should their comments become part of the public record? Would submitting comments in writing change whether they are or not?
2. An employee of the city spoke at public comment and the Mayor dismissed them, saying they are not allowed to speak during the public comment period. Is that true, and does it make a difference if the employee is a city resident or not?
3. Are there any laws beyond meeting laws about keeping citizens informed? There is a lot going on in the city, including many major infrastructure projects, but the website page on this is blank, and although there is an email alert system for residents, it seems to get used only for public works changes such as snow emergencies and road closures.
4. The common council meetings are held in a location that is not handicap accessible, without any recordings readily available to the public, and meeting minutes don’t come out until at least a month or more after the meetings. Is there anything we can do except raise the concern with our city representatives?

1) We think what you are asking is whether public comments made at a workshop meeting should be included in the meeting minutes. The only items that are required to be included in meeting minutes are motions made and the votes that occur. There is no requirement to state who spoke during public comment or what they said. Some places do provide a summary of who spoke and what they said, but it is not required. It is up to the clerk taking the minutes as to what they want to include.

2) Anyone can speak at public comment, whether they are a city resident or not, or an employee. The meetings are public, which means anyone can attend and anyone can speak.

3) Some places are more proactive than others as far as posting information on their website. If you think more information should be posted, perhaps you can make that point during public comment. The only laws that we are aware of are the Open Meetings Law and the Freedom of Information Law.

4) Meeting minutes or a recording are supposed to be posted online within two weeks of a meeting taking place. They have to do one or the other, a recording or minutes, but not both. The meeting space should be handicapped accessible. Your only recourse is to bring what the law requires to the attention of city officials, get the attention of a news reporter, or file a lawsuit. Suing is very costly; often times getting a reporter’s attention can have an impact if they write an article or talk about it on TV.

We hope this information helps. It is great that you and others are interested in what is going on in your community.