Public comments will continue to be broadcast at Fargo City Commission meetings

FARGO (KVRR-KFGO) – Public comments will continue to be broadcast and streamed live during Fargo City Commission meetings. Mayor Tim Mahoney says commissioner Michelle Turnberg first brought the concern to him following negative comments, verbal attacks on commissioners and use of inappropriate language.

Turnberg also requested a change in policy so public comments are limited to agenda items and city-specific issues.

“I agree we should broadcast, however we have had continual issues with people giving false names, laughing about it, and I also think we should make a change to the rules that it applies to Fargo city business,” Turnberg said during the discussion on Monday, Nov. 24. “There is really no reason to discuss Palestine at a Fargo City Commission meeting when we have citizens with real concerns. The person comes up, gives their real name, and gives real issues to the city of Fargo.”

Assistant City Attorney Nancy Morris says the city could run into first amendment issues if the public forum portion of the meeting is limited to certain topics. She says North Dakota law states public comments do not have to relate to agenda items, but must not interfere with the meeting.

“May not be defamatory, abusive, harassing or unlawful. There’s been a recommendation that you address the commission as a whole, as a commission action that has been taken,” Morris explains. “Make sure it’s truthful, make sure that it’s not confidential or exempt information that the city would not otherwise release, and be respectful.”

Commissioner John Strand says it’s about balancing free speech and first amendment rights.

“It’s just ugly out there and this is a really ripe topic. The requirement is there to allow speech but it’s on us to keep it civil and that’s where our procedures and our protocols and our Roberts Rules and our meeting decorum,” Strand said. “Let’s say someone starts to go off the deep end, we probably need to recess briefly and be prepared to stand up and immediately address what’s happening. Shut the mics off, shut the cameras off and come back in a few minutes and not tolerate it.”

Morris says the mayor cannot shut off someone’s microphone during the public comment period for calling out specific commissioners, but he can shut it off if public comments are harassing or use inappropriate language.

Fargo resident Olivia Fisher says not everyone can make it to a 5 p.m. meeting in person because of work schedules, limitations with childcare and transportation, or compromised immune systems.

“Do they not deserve to listen in on public comment as it’s happening? You can’t punish the entire community and remove the live broadcast of public information just because people occasionally break the rules,” Fisher said. “This is nothing more than another shameful attempt to silence constituents. The commission has already banned signs and moved public comments to the end of the meeting, which deters people from speaking or watching. This seems like an intentional attack on people like myself who challenge you all to be better and educate the public on city-related issues.”

Fisher also called out city commissioners for their behavior.

“I must say it’s probably hard for residents to take the rules of public comment seriously when some commissioners are constantly attacking their fellow city staff both in and outside of meetings. And I’ve seen far worse things written online about commissioners than I have ever heard stated publicly at these meetings.”

The commission did not take any action to change the public comment portion of city commission meetings, and the policy that has been in place since 2018 still stands. If the commission decides to limit public comment to agenda items or city-specific issues, a vote would be required in the future.