LEWISTON — The City Council has approved changes to the rules governing its public comment periods, which over the past month have been used to air a series of accusations against former Mayor Shane Bouchard.

The new rules were passed 5-2 on Tuesday, with Councilors Jim Lysen and Alicia Rea voting in opposition.

The amendments cut the allotted time for an individual to speak from five minutes to three, and spell out specific rules and procedures for the presiding officer of the meeting to deem comments out of order.

Starting in March, Lewiston resident Heather Everly Berube has used the public comment period to make accusations against Bouchard, including that she had an affair with him and funneled him campaign emails from his political opponent. After his ouster, she continued with more accusations two weeks ago while criticizing the City Council for how it has handled the situation.

Berube was among a few critics of the new rules Tuesday, calling the decision an “aggressive act by the council” and a “retaliatory response” to her recent use of public comment.

“Government officials can not silence speech because it criticizes them,” she told the council. “You can not essentially gag someone because you believe they are a gadfly or a troublemaker.” She said that during her previous comments, “no rules of procedure have been violated.”

On Thursday, City Administrator Ed Barrett said the city has never had official guidelines for public comment on the books. In the past, he said, info regarding public comment was attached to council agendas.

“No formal rules existed,” he said. “We went by informal guidelines used by mayors,” which he said has had mixed results. “I think there was a desire to tighten up the whole process.”

According to a council memo, procedures regarding public comment periods were reviewed from about 12 Maine cities and used as the basis to update the city’s public comment process.

City councilors Tuesday had little concern for the new rules, and Lysen and Rea did not comment on why they were voting against them.

During the meeting, Mayor Kristen Cloutier defended the new rules. She said that legally, the city is not required to hold public comment at all. She said the biggest change, lowering the allowed time to speak to three minutes, is consistent with what’s allowed at State House public hearings and in other cities.

“It does not limit content in any way,” she said, adding that she previously didn’t gavel down anyone from the podium.

Two weeks ago, Cloutier was asked to gavel down Berube but declined. Some argued that Berube’s accusations involving Bouchard’s past coaching position at Oak Hill High School in Sabattus was not related to Lewiston business.

According to a draft of the new rules, comments must be limited to issues or concerns directly related to Lewiston municipal government. In the language, “directly” is written in all capital letters, which Rea said felt intimidating.

Cloutier said Thursday the new rules were part of an overall recent effort to review city policies, but added that “what occurred at these last few meetings really just expedited this process.”

“In my opinion, it is important for us to maintain civility and decorum in our municipal proceedings, and I get to see firsthand how this plays out successfully in the Legislature,” she said.

The language also stipulates that the presiding officer will “limit commentary that is determined not to be germane to city business or the topic at hand,” or which violates a list of other guidelines.

It gives the presiding officer the authority to direct an individual not operating within the guidelines to
“cease such action or risk being asked to be seated or removed.”

If the action continues, the presiding officer can call a recess, request the removal of a person from the chamber, or adjourn the meeting. It also allows the presiding officer to revoke an individual’s right to speak at future meetings. If the presiding officer fails to take action, any councilor can move that the presiding officer “enforce the rules and guidelines and, if denied, request that the council vote on the motion.”

Cloutier said Thursday this part of the rules was not meant to intimidate residents, but rather as an important guideline “given recent events that have transpired globally. Should someone come to a council meeting threatening violence, I would like to have a policy in place that could potentially head that off before it happens.”

Melissa Dunn, a community organizer who has often used public comment in Lewiston, also criticized the new rules Tuesday, stating that the reactionary measure from the council infringes on “transparency and democracy” in Lewiston.

“At the end of the day, you’re the power-holders, and we have the right to hold you accountable whether you like it or not,” she said.

After the council voted to approve the new rules, the three-minute limit began immediately. A timer, visible from the podium, had already been set up.

arice@sunjournal.com

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