1-12-3: RULES OF CIVILITY; RULES OF DECORUM AT PUBLIC MEETINGS:

   A.   Rules of Civility.

      1.   All interactions between City staff, City elected officials and members of the public will be conducted in a respectful manner.

      2.   Threats, including threats of violence, will not be tolerated.

      3.   Members of the public will refrain from behavior that disrupts or threatens to disrupt City of Eagle government operations, including any of the following:

         a.   Insulting, demeaning, intimidating, or offensive remarks or other communications;

         b.   Harassment or intimidation of any City of Eagle staff, elected official, or other member of the public;

         c.   Willful destruction or damage of property;

         d.   Conduct that threatens or provokes a violent reaction;

         e.   Continually disruptive behavior in the lobbies, offices or meeting rooms of Eagle City Hall or other facilities where official City business is being conducted by City officials or staff;

         f.   Repetitive calls, visits or correspondence to City offices or staff with an associated pattern of disruptive behavior, including verbal or physical aggression and/or threats, regarding an issue for which City officials or staff have already provided pertinent information or instructions.

      4.   Enforcement. The rules of civility set forth above shall be enforced in the following manner:

         a.   Warning: Any City of Eagle official or employee who is directly affected by or witnesses behavior that disrupts or threatens to disrupt City of Eagle government operations may direct the person engaging in such behavior to immediately remove themselves from the premises or otherwise cease such behavior.

         b.   Resisting Removal or Failing to Cease Behavior: Any person who resists removal or an order to leave the premises or to cease such behavior shall be charged with a violation of Idaho Code § 18-7008(8).

   B.   Rules of decorum at public meetings.

      1.   Decorum.

         a.   City of Eagle public meetings, including meetings of the City Council, Planning and Zoning Commission, and any other City commission, committee or board (hereinafter "Board" to describe any of the preceding or like bodies), shall be conducted in an orderly manner to ensure that the public has an opportunity to be heard and that the deliberative process of the Board is retained at all times. A City Council meeting or other like Board meeting is a governmental process with a governmental purpose. The Council/Board has an agenda to be addressed and dealt with and is not to be prevented from accomplishing its business in a reasonably efficient manner; order will be maintained, and the rules of decorum will be enforced.

         b.   General public oral communications, such as a public forum (Town Hall, Workshops, et al.) or other general public comment periods, may be offered to the public at City Council and other Board meetings. Aside from official public hearings, these public comment opportunities during the Board's business meeting are not required by law or regulation and are at the discretion of the presiding officer.

         c.   The presiding officer of the Board shall be responsible for maintaining the order and decorum of meetings and shall, at the commencement of the meeting, recite aloud the rules and procedure for public participation during the meeting, or a summary thereof. The presiding officer of the meeting shall be responsible for enforcing the rules of decorum during the meeting.

      2.   Rules of Decorum. During a public meeting, the following rules of decorum shall be observed:

         a.   Board Members. The members of the Board shall preserve order and decorum, and a member shall not by conversation or other means delay or interrupt the Board's proceedings or disturb any other member while speaking. Board members shall not communicate electronically with one another or any member of the public using a mobile phone, computer or other such device about any City business during the meeting.

         b.   City Staff Members. Employees of the City shall observe the same rules of order and decorum as those which apply to the members of the Board.

         c.   Persons Addressing the Board. General public oral communications are not a substitute for any item that can be handled during the normal business hours of the municipal government. The primary purpose of such oral communication during a meeting is to allow citizens the opportunity to address the Board as a whole regarding matters that cannot be handled during the regular business hours of the City government. Each person who addresses the Board shall exercise self-control, shall do so in an orderly manner, shall focus on the issues and avoid personalizing debate, and shall not make personal, impertinent, slanderous or profane remarks to any member of the Board, staff or general public. General public oral communication opportunities are not to be used for the purpose of conveying political rhetoric, i.e. for political campaigning or the venue to convey support or opposition of a political candidate or another. Any person who conducts themselves in such a manner or otherwise impedes the orderly conduct of any meeting shall, at the discretion of the presiding officer or a majority of the Board, be barred from further audience before the Board during that meeting.

         d.   Members of the Public. No member of the public shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, speaking out of turn, applause or clapping (when not led by the presiding officer), the display of signs (cardboard, paper or otherwise), stamping of feet or other similar acts which disturb, disrupt or otherwise impede the orderly conduct of any meeting. Any person who conducts themselves in such a manner or otherwise impedes the orderly conduct of any meeting shall, at the discretion of the presiding officer or a majority of the Board, be barred from further audience before the Board during that meeting.

         e.   Addressing the Board. A person wishing to address the Board during the meeting shall submit a request on a public comment form or otherwise follow the process provided. No person shall address the Board without first being recognized by the presiding officer . The following procedures shall be observed by persons addressing the Board:

            (1)   Each person speaking shall have up to three (3) minutes to address the Board, which time shall be kept and noted by the presiding officer and/or clerk. The presiding officer may, at his or her discretion, limit or extend the time for public comment at the meeting, as time permits. Any extension or limit shall be applied equally and fairly to all members of the public. During official public hearings only, and only upon prior approval of the presiding officer, a member of the public in attendance may gift their time to another member of the public in attendance. This may be allowed one time only for both the person gifting their time and for the person who receives it. This procedure is applicable only during official public hearings and shall not be utilized for any other public comment period.

            (2)   When called by the presiding officer the individual who wishes to speak shall introduce themselves, stating their name and address. If speaking during the general oral communications or public forum portion of the meeting, the person speaking shall also state the subject on which they wish to comment.

            (3)   During general public comment portions of the meeting, any subject which is deemed irrelevant or repetitious by the presiding officer, or majority of the Board shall be immediately concluded.

            (4)   All remarks shall be addressed to the Board as a whole and not to any single member thereof, unless in response to a question from such member. The person speaking shall address only the Board and shall not address members of City staff or other members of the audience.

            (5)   No question may be asked of a member of the City Council or of City staff. Public hearings and other opportunities afforded for public comment are for comments only.

            (6)   Once the meeting is underway, members of the public are not to approach the dais, the clerk or any other staff member situated at the front of the room near the dais, as this disrupts the meeting and the work that is being undertaken by these staff members.

      3.   Enforcement. The rules of decorum set forth above shall be enforced in the following manner:

         a.   Warning. The presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If, after receiving a warning from the presiding officer, a person persists in such conduct, the presiding officer shall order that person to leave the meeting.

         b.   Removal. The presiding officer may request law enforcement who are in attendance, or direct City Staff to initiate contact with law enforcement to carry out all orders and instructions of the presiding officer for the purpose of maintaining order and decorum during the meeting, including removal of any such person from the proceedings.

         c.   Resisting Removal. Any person who resists removal by the presiding officer shall be charged with a violation of Idaho Code § 18-7008(8).

      4.   Adjournment. If a meeting is disturbed or disrupted in such a manner as to make it infeasible or improbable to restore order, the meeting may be adjourned or continued by the presiding officer or a majority of the Board, and any remaining business may be considered at the next meeting.

   C.   Trespass and Penalty.

      1.   Notice of Trespass. Any person who violates the provisions of the Rules of Civility in the lobbies, offices or meeting rooms of Eagle City Hall or other City owned or operated facilities or property where official City business is being conducted by City officials, or violates the Rules of Decorum during a public meeting, may be trespassed from City facilities and/or from City meetings for a period not to exceed 12-months from the date of the incident. In all such cases, such person shall receive a written notice, signed by the Mayor, identifying the conduct giving rise to the trespass, and further providing that such person may enter City property for emergency purposes only, r to access emergency personnel, or to access polling locations and may only contact City employees by U.S. Mail, email or other means acceptable to the City.

      2.   Right to Appeal.

         a.   Any person trespassed from City property or facilities has the right to appeal said trespass order by submitting a statement to the City Clerk's office by email, U.S. Mail or other means acceptable to the City within ten (10) calendar days of the date of the trespass order, which statement shall be forwarded to and considered by the Mayor and City Council. The Mayor and City Council will consider and make a decision based on information presented by City staff and the statement submitted by the appellant. If no statement is received by the City Clerk's office within 10 calendar days of the date of the trespass order, no appeal will be considered.

         b.   Any person trespassed from a City public meeting has the right to appeal said trespass order by submitting a statement to the City Clerk's office by email, U.S. Mail or other means acceptable to the City within ten (10) calendar days of the date of the trespass order, which statement shall be forwarded to City Council and considered during their next available regular meeting or at a special meeting of the Council. No oral/verbal testimony will be allowed; Council will consider and make its decision based on information presented by City staff and/or members of the applicable City commission, committee or board and the statement submitted by the appellant. If no statement is received by the City Clerk's office within 10 calendar days of the date of the trespass order, no appeal will be considered.

         c.   The right to appeal under subsections a and b, above, is not applicable to any citations for trespass under Title 18, Idaho Code.

      3.   Access to Meetings. Any person trespassed from City property or from attendance at City meetings shall have the right to attend such meetings by electronic means if offered by the City; provided that the same Rules of Civility and Rules of Decorum shall apply to attendance at such meetings.

      4.   Criminal Trespass/Penalty. Any person who resists removal or an order to leave the premises or to cease disruptive behavior may be guilty of a misdemeanor under Idaho Code § 18-7008(8), punishable as provided by Idaho law. This penalty provision is not intended to supplant any provision of Idaho law which may render additional or more serious punishment for threats against public officials or public servants as proscribed by Title 18, Idaho Code. Nothing contained herein shall preclude a person trespassed from entering upon City property in case of an emergency purposes only or to access emergency personnel. (Ord. 932, 7-9-2024)