FAIRHOPE, Ala. — Since the new City Council took office in November, it has taken several approaches to balance the interest of the public to express its views at their meetings while keeping order and limiting redundant comments.

The council has been challenged in that task several times this year by some local activists who have spoken on the same topic at more than one meeting, and on a couple of occasions when they called some members of city staff and others “liars” and used loud, abusive language.

That situation came to a head Monday, when one of those activists was removed from the council chambers after he was warned by Councilman Lonnie Mixon, who chaired the meeting, to stick to the topic he had signed up for.

Although city law does not limit public comments to agenda items set by the council before the meeting, or require them to sign up to speak, it does require permission of the presiding officer and limits comments to no more than three minutes, unless approved by the presiding officer.

Council meetings are governed by rules of procedure adopted by the council on Nov. 10 last year. Among those rules is that Robert’s Rules of Order are to be used “in those situations which cannot be resolved by the other specific council rules.”

There are also state statutes that govern council meetings.

One of those laws states that “the council shall determine the rules of its own proceedings.”

Another state statute says that “during a session of the council any person who is guilty of disorderly or contemptuous behavior in the presence of the council, may be punished by the council by arrest and imprisonment not exceeding 24 hours.”

At Monday’s council meeting, the speaker was removed without incident and no arrest was made, but state law does give that power to the council.

During a recent council meeting, Council President Debbie Quinn spoke to this issue of maintaining order during meeting while allowing public comment:

“Two weeks ago several things occurred that I hope will not happen again,” Quinn said, according to council minutes. “There were comments made in the back of the room that were totally inappropriate and out of order. They were said in low enough tones we, on the dais, did not hear, but everyone around them did. These types of comments will not be tolerated again. We are all adults. Respect for each other and the governmental process are paramount. If this should happen again, there are two police officers in the rear of the room to escort you out of the building.

“During the public participation part of the agenda two weeks ago, comments were made that were derogatory to personnel, professional staff and to the council. The same applies to you as to comments made in the rear of the room at the last meeting. You will be gaveled down and asked to leave the podium. No one has the right to talk to anyone else in that manner.”

At that meeting, Quinn also said she had set up a new procedure regarding comments during the public participation section of council meetings.

“As a new procedure, I will ask that you only sign up to address the council if you have something new to add to comments made at any prior meetings,” she said according to council minutes. “If there is nothing new to add, we respectfully request that you not come back to the podium to repeat yourself. We have minutes and we do read them. We do understand your point of view along with the rest of the public, but do not need to be constantly reminded of it. It is a privilege for us to be here as your council, but it is also a privilege for you to speak and not a right.”

That new procedure was not adopted by the council in the form of a resolution or ordinance, or added to the council’s rules of procedure in any formal manner.

However, many city councils in Alabama and throughout the country do address in some detail the procedure for public comments.

The city of Mobile sets out how its meetings will be conducted to maintain decorum. However, an Internet search of Alabama city law revealed no set of rules as extensive as those in San Marcos, Texas.

That city’s ordinance includes the following:

“Members of the public shall not engage in any of the following in the meeting room during a City Council meeting:

1. Shouting, unruly behavior, distracting side conversations, or speaking out when another person is talking.

2. Defamation, intimidation, personal affronts, profanity, or threats of violence.

3. Audible use of phones, pagers, radios, computers or other electronic equipment.

4. Booing, hissing, foot stomping, parading, singing or other similar behavior that impedes or disrupts the orderly conduct of the meeting.”

The San Marcos city law also sets out how its decorum rules are to be enforced as follows:

“The presiding officer will request that a person who is violating a rule cease the violation.

If the violation continues, the presiding officer will warn the person that he or she will be required to leave the meeting room if the violation continues.

If the violation continues, the presiding officer will order the person to leave the meeting room.

If the person does not leave the meeting room, the presiding officer may order any peace officer at the meeting to remove the person from the meeting room.

It is unlawful for any person to intentionally or knowingly resist removal from a meeting room by a peace officer in the course of enforcing the rules.

Any person violating any provision of the Rules of Decorum commits a misdemeanor and is subject to a fine of up to $500 as provided in Section 1.015 of the San Marcos City Code upon conviction by the presiding officer.”