How we got here
State law sets general guidelines for public testimony at government meetings, which can be adjusted at the local level.
Austin officials were sued this spring for limiting the amount of time community members had to speak at meetings. The law requires government officials to allow public comment on regular agenda items, within "reasonable rules" such as time limits.
As a result of the legal action, Austin leaders updated their meeting policies this summer to grant a set amount of time for testimony per agenda item.
Open meetings law was also used to challenge council's vote to call a November election over a slate of municipal propositions. A separate lawsuit halted those measures from landing on the ballot—at least for this fall—due to council's handling of the agenda item ordering the election.
The specifics
Another issue raised in legal action against the city this year was a ban on public testimony during work sessions—nonvoting discussions scheduled ahead of the longer regular meetings. Work sessions have traditionally been held on Tuesdays to review priority agenda items from Thursday voting meetings, and to hear briefings from city staff on various topics.
Some meeting rules were first revised in response to court orders back in July. And on Sept. 26, council approved more changes that Assistant City Attorney Neal Falgoust said will "substantially" change how work sessions and regular meetings operate. A key update will now allow residents to testify on items at work sessions.
Attorney Bill Bunch, executive director of nonprofit Save Our Springs Alliance who sued the city over the meeting rules, said the September revisions represented a positive step for public participation following this year's "unfortunate litigation" while stating that council should take more community input.
“Y’all should be meeting more frequently, having more open discussions, figuring stuff out in the public, listening to the public, engaging the public. Not making all the decisions in the back room and then having these public meetings be rubber stamps," he said.
Following the recent legal proceedings and with policy revisions in development, council's past few work sessions were all canceled. It remains to be seen how nonvoting discussions will be handled under the new rules.
Also of note
In addition to several minor clarifications or language revisions, other notable changes adopted by council in September include:
- Giving the mayor the authority to cancel council's regular meetings and work sessions
- Setting all work session agenda items by noon on the Friday before the work session
- Opening registration for work session testimony in the days ahead of the meetings, with both in-person registration at City Hall and online registration
- Setting new prohibitions on actions like defamation, violent provocation, and blocking attendees' views and seating or exits in council chambers in the city's rules of decorum for meetings
