Select Board adopts new public‑comment policy after debate over time limits

The Town of Nantucket Select Board voted unanimously Feb. 12 to adopt a new public participation policy recommended by town counsel, after a lengthy public and board debate about time limits and chairs’ discretion.

Town attorneys presented the policy and said recent case law requires clearer, content-neutral time, place and manner rules for public participation. Lauren, speaking for counsel, cited the recent Baron v. Kalenda decision and told the board the court “held that requiring a person to be polite essentially, is a decision that's made by the beholder,” and that a policy focused on neutral limits is a safer legal approach.

Board members and dozens of residents who spoke at the meeting expressed differing views on whether the policy should strictly cap total public-comment time and how much discretion the chair should retain. Several Select Board members said they value public comment and did not intend to curtail it; others asked for predictable limits to keep meetings manageable. Several members of the public urged the board not to narrow public comment and instead to hold separate “listening sessions” or public hearings for highly contentious items.

After discussion the board agreed to adopt the proposed policy with a single change: removal of an explicit 10‑minute total limit that had been in the draft. The adopted policy keeps a per‑speaker guideline (three minutes) and allows the chair to set an overall time limit for public comment at a particular meeting provided the limit is determined before the public-comment period begins and is applied without regard to the content of comments. The board’s motion to adopt the policy with that amendment was moved and seconded and approved by roll call.

Why it matters: Town counsel said the policy is intended to protect both the town and residents’ First Amendment rights by applying neutral procedural rules rather than subjective standards about civility or content. The policy will be recommended for use by town boards and committees to reduce legal risk and create consistent public‑meeting practice across the town.

The board and counsel said the policy does not apply to advertised public hearings, which remain subject to statutory hearing processes and their own procedures. The board asked staff to post the adopted policy online and to distribute it to town boards and committees.