ACLU to monitor council meetings

Mathis Winkler

Thursday, Dec. 20, 2001 | 10:07 a.m.

Free-speech advocates said they would monitor North Las Vegas City Council meetings and threatened potential legal action Wednesday over Mayor Michael Montandon's controversial proposal that critics say limits public participation.

Gary Peck, the executive director of the American Civil Liberties Union in Nevada, said his organization would monitor the city's council meetings from now on and would consider litigation if the procedures curtail free-speech rights guaranteed by the U.S. Constitution.

"You're supposed to provide a forum for citizens to participate, even citizens who are a pain in the behind," Peck said.

Fed up with a recent increase in requests by residents to speak during meetings, Montandon said two weeks ago that he would stop allowing public comments on most items.

At Wednesday's council meeting, he changed course a little, saying he would give council members additional time to review the blue cards submitted by residents who want to speak.

"We're going to simply take a little more time," he said, adding that he has found it difficult to monitor the cards while trying to run the meeting at the same time.

In effect, nothing would change, Montandon said. Residents have never been given a guarantee they could speak on items and council members are the only people that can ask that an issue is discussed at length, he said.

The state's open meeting law only requires that council meetings be open to everyone and that people get a chance to speak during a public forum, which they do during the city council's bi-weekly meetings. Public speakers each get five minutes each to speak on city business.

Peck and other are concerned that the new rules could curtail the public's voice. Peck said that the mayor's way of conducting meetings encouraged back room dealing and favored"powerful, well-financed constituents who have ready access to elected officials and can set the agenda.

"If this turns into a system where people who are considered gadflies are not allowed to speak, that will be a legal problem," Peck said.

Mike Thomas, a regular council critic, said he would accept the mayor's way of conducting meetings if city officials made the changes obvious.

So far, the council agenda's welcoming statement still says that anyone wishing "to speak on any agenda item, or in the public forum" should fill out a blue card.

"It's your house, it's your rules," Thomas said. "Tell me what the rules are, and I'll play by the rules."

But Montandon countered that he didn't want to waste the city attorney's time to rework the statement.

"Our concern here is the very best governance of the city," he said. "It's a waste of time to try and make an introduction statement to address every possible exception to the rule."