W. Va. Code R. § 85-13-10

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 85-13-10 - Citizen's Right to Address Council

10.1. Persons other than Members and Advisory Members shall be permitted to address the Council only upon specific agenda items, which may include an agenda item called "General Public Comment Period."

10.2. Persons desiring to address the Council shall register to speak prior to the start of the Council meeting. The form for registration shall require the following information:

(1) name of the person,

(2) mailing address,

(3) telephone number where the person may be reached during the day,

(4) the person's group affiliation, if any, and

(5) the agenda item to which the person desires to speak. If the person does not desire to speak to a particular agenda item, the person shall identify the subject matter about which he or she wishes to speak. If a member of the public is attending a meeting virtually, the person should register by providing the information required herein through electronic mail, fax, through a chat or message function if participating through videoconferencing, or by any other means acceptable to the Council.

10.3. A person desiring to address the Council shall, after being recognized, state his or her name, address, and group affiliation (if any), and speak clearly into the microphone.

10.4. Time limits. Citizens shall be limited to five (5) minutes speaking time per item, unless additional time is granted by the presiding officer. Total citizen in-put on any subject under Council consideration can be limited to a fixed period by the presiding officer. An affirmative vote of three (3) Members may extend the time limitations of this rule.

10.5. The time limits set forth in section 10.4 of this rule do not apply to persons whom the Council has asked to come and address the Council. Such persons shall have as much time as the presiding officer or the Council allows for the presentation, including any question-and-answer period.

10.6. Remarks of citizens to be germane.

10.6.1. Citizen comments must be directed to a specific item on the agenda, unless the comments are offered during a general public comment period when the public may comment on any aspect of the work of the Council.

10.6.2. The presiding officer shall rule on the germaneness of citizen remarks. The ruling may be initiated by the presiding officer or pursuant to a point of order raised by a Member or Advisory Member.

10.6.3. Citizens making personal, impertinent, or slanderous remarks shall be barred by the presiding officer from further comment before the Council during that meeting.

10.7. Matters not on agenda. An affirmative vote of three (3) Members may allow citizens who wish to raise a matter not on the agenda to speak.

10.8. With regard to exempt legislative rules, a member of the public may request the Council hold a public hearing on the rule no later than fifteen (15) days from the date the rule is filed for public comment with the Secretary of State's office. Requests may be submitted to the Council or the Commissioner's contact person identified on the "Notice of a Comment Period on a Proposed Rule." Whether a public hearing is held is within the sole discretion of the Chairperson.

W. Va. Code R. § 85-13-10