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Public Participation at Board of Education

Meetings

General Provisions
The Board of Education values public participation and recognizes the importance of public
input on issues affecting the community, the Board of Education and the Albuquerque Public
Schools. This procedural directive has been adopted to balance the importance of public
participation with other important objectives, including but not limited to:
Ensuring all community members have a reasonable opportunity to express their views
to the board;
Completing board business effectively, efficiently and in an orderly manner; and
Respecting the rights of board members, district staff, students and audience members.
Proper decorum and the provisions of this procedural directive are expected to be followed at all
public meetings of the Board of Education.
At each open Regular Board of Education Meeting pursuant to the meeting agenda, members of
the public may comment to the Board of Education, subject to reasonable restraints. When a
Board of Education meeting is in session, the government may not exclude speechon the
basis of content unless the restriction passes strict scrutiny. [Sandefur v. Vill. of Hanover Park,
Ill., 862 F. Supp. 2d at 846 (N.S. Ill. 2012)] However, the Board of Education is permitted to
enforce reasonable time, place and manner restrictions provided they are content neutral, they
are narrowly tailored to serve a significant government interest and ample other alternative
channels of communication exist. [Sandefur, 862 F. Supp. 2d at 846; Ward v. Rock Against
Racism, 491 U.S. at 791] The reasoning behind such restrictions is because disruption of the
orderly conduct of public meetings is indeed one of the substantive evils that [government] has
the right to prevent. [Collinson v. Gott, 895 F.2d 994, 1000 (4
th
Cir.1990)]
Though not a general practice, public comment, subject to reasonable restraints, may occur at a
special or committee meeting of the Board of Education at the discretion of the committee chair.
The Board of Education restrictions on decorum, etiquette and public comment are outlined in
this procedural directive.
Sign up for public comment shall begin thirty (30) minutes prior to the Regular Board of
Education Meeting commencing and shall end promptly at the commencement of the public
comment period. In extenuating circumstances, the Board of Education Services Office staff
may forward the name of an individual wishing to speak during public comment and sign up on
their behalf if prior arrangements have been made.
The public comment period shall be limited to thirty (30) minutes per Regular Board of
Education Meeting. The board president, or presiding officer, shall have the right to limit
speaking time of individuals wishing to provide comment to the board to no more than (2)
minutes each. Dependent on the number of individuals signed up to speak during the public
comment period, the board president, or presiding officer, may shorten the time available for

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each individual to speak to allow more speakers to be heard. Recognized speakers shall not
transfer or delegate their time to others. If a speaker is no longer present in the meeting room at
the time he/she is recognized, the speaker shall forfeit his or her opportunity to speak and shall
be prohibited from transferring the time to a different individual. Delegations, who wish to
express their views, shall select one speaker to represent the delegations views to the board.
When in the judgment of the board president or presiding officer, it appears:
That several audience members wish to express the same or similar views; the board
president or presiding officer may recognize one of them to address the board on behalf
of the group; or
A speaker is repeating views that he or she, or another speaker, already has presented;
the board president or presiding officer may recognize the next speaker before the
current speakers time has elapsed.
Board of Education Member Etiquette
The New Mexico Open Meetings Act prohibits open discussion amongst board members for any
item not listed on the Board of Education Meeting agenda. Therefore, Board of Education
members shall treat public comment as a time to listen to the comments from attendees of the
Board of Education meeting. Public comment shall not be a time for open dialogue with the
speaker. Public comment shall not be a time for board members to answer questions posed to
them from a speaker or comment on a speakers concerns.
If the board member chooses, he or she may respond to concerns of speakers during board
member reports at such time board member reports appear on the meeting agenda.
Speaker Etiquette
Speakers shall direct their comments to the board and not to district staff or other audience
members. Speakers shall not expect board members to answer questions during public
comment. Questions shall be referred to the superintendent, or his/her designee, for review,
study and response. If appropriate, the board may request the issue be a discussion at a future
Board of Education meeting.
Individuals appearing before the board shall follow these guidelines:
Sign up to speak for participation in public comment prior to the commencement of the
public comment period of Board of Education Meeting and understand that the privilege
to speak is determined on a first-come, first-served basis.
If the speaker wishes to distribute documents to the board members, the speaker shall
provide the district employee responsible for public forum sign in twelve (12) copies of
the documents at the time the speaker signs up to speak.
Address the board only at the appropriate time as indicated on the agenda and when
recognized by the board president or presiding officer.
The use of posters, banners or other items may be generally acceptable. However, if such
items, per the discretion of the board president or presiding officer, disrupt the
proceedings of the meeting, pose a safety concern, or block the view of the meeting from
other audience members or the cameras used to webcast the proceedings, the board
president or presiding officer may request speakers and audience members to refrain
from using them.

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Identify oneself and speak within the allotted time available for each individual speaker.
Observe and respect the board president or presiding officers decision to shorten public
comment to conserve time and give the maximum number of individuals an opportunity
to speak.
Conduct oneself responsibly, civilly, courteously and with due respect. Conduct of
speakers shall be no different than expected conduct of visitors at an APS school as
stated below.
o No person on school property or at a school event shall perform any of the
following acts:
Disrupt the educational process for students and staff.
Strike, injure, threaten, harass or intimidate a student, staff member, a
board member, or any other visitor to school property.
Behave in an unsportsmanlike manner or use vulgar or obscene language.
Unless specifically permitted by state statute, possess a weapon, any
object that can reasonable be considered a weapon or looks like a weapon
or any dangerous device.
Damage or threaten to damage anothers property.
Damage or deface school property.
Respect the fact that the speakers views and opinions may not be shared by all present.
Observe that speakers shall not express non-job related complaints against the
superintendent or board members unrelated to their offices or jobs.
The Board of Education encourages speakers to focus on topics of concern, not personnel
they believe to be responsible. The board shall provide and direct the speaker to a
district staff member at each Regular Board of Education Meeting who may listen to
specific personnel complaints which shall be referred to the superintendent, or his/her
designee, for review, study and response.
Only speakers who acknowledge and adhere to the terms of speaker etiquette shall be permitted
to speak during public comment to the Board of Education. A form shall be presented for
signature and acknowledgement of the terms of speaker etiquette. The form shall outline these
requirements. Individuals refusing to sign the provided form of acknowledgement or complete
the requested information shall be prohibited from speaking during public comment.
Audience Etiquette
Audience members shall conduct themselves in the same manner as outlined above for
individual speakers. Audience members shall not disrupt an open public meeting of the Board
of Education and shall not incite others to do so either. Therefore, raucous or disrespectful
expressions of agreement or disagreement by audience members shall be considered
inappropriate and subject to regulation by the board president or presiding officer.
All members of the audience shall remain seated unless recognized by the board president or
presiding officer.
Media Etiquette
Members of the media are welcome at public meetings of the Board of Education. Members of
the media and media equipment shall be required to video and photograph from a designated
media representative area of the room in which the Board of Education Meeting is being held.

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Media representatives shall cooperate with district staff regarding placement of equipment,
photography and video requirements or be subject to removal from the meeting.
Enforcement of Appropriate Etiquette
The boards president or presiding officer shall be responsible for ensuring that public
participation and comment assists the board in discharging its responsibilities and is conducted
according to this procedural directive. Thus, the board president or presiding officer shall be
authorized to enforce this procedural directive by:
Interrupting presentations and comments to remind speakers and audience members of
this procedural directive;
Dismissing or ending the speaking time of previously recognized speakers who violate
this procedural directive;
Requesting speakers or audience members to leave the meeting if they violate the
procedural directive in a manner that is disruptive to the board business;
Requesting the assistance of law enforcement officers to assist in removing speakers or
audience members who refuse to leave;
Recessing or adjourning the meeting as a result of speaker or audience conduct that is in
violation of this procedural directive;
Individuals who violate this procedural directive may be subject to criminal charges and
may be prohibited from future meetings;
Arresting or filing criminal charges against a speaker or member of the audience who is
violation of this procedural directive pursuant to 30-13-1 NMSA 1978.
o 30-13-1 NMSA 1978 states that it is a petty misdemeanor to disturb any
meeting of the people assembled for any legal object.
Other Opportunities to Provide Public Comment
Public comment at a Board of Education Meeting shall not be the only opportunity for the public
to provide comment to the Board of Education. The board may receive public comment through
written letters, email communication and phone calls. The Board of Education Services Office
shall be responsible for publishing all avenues by which the public may comment to the board
members. Ways to contact board members shall be made available upon request and at each
Regular Board of Education Meeting.
Petitions and written or electronic correspondence to the board shall be presented to all board
members. The Board of Education Services Office shall not be required to present information
to the board members that was received anonymously. The Board of Education Services Office
reserves the right to summarize information, correspondence and comments received prior to
providing the information to the board members.
Albuquerque Public Schools reserves the right to summarize public comment in the official
Board of Education Meeting minutes.
Administrative Position: Executive Director of Board of Education
Services
Department Director: Board of Education Services Specialist

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References:
Legal Cross Ref.: Sandefur v. Vill. of Hanover Park, Ill., 862 F. Supp.
2d at 846 (N.S. Ill. 2012)
Ward v. Rock Against Racism, 491 U.S. at 791
Collinson v. Gott, 895 F.2d 994, 1000 (4
th
Cir.1990)
30-13-1 NMSA 1978
Board Policy Cross Ref.: BE Board of Education Meetings
Procedural Directive Cross Ref.:

NSBA/NEPN Classification: BEDH
Introduced: June 11, 2014
Reviewed: July 23, 2014
Revised: August 6, 2014