Public comment

Public comment is a specific term of art used by various government agencies in the United States, a constitutional democratic republic, in several circumstances. It is sometimes called "vox populi". Generally these circumstances are open public meetings of government bodies which set aside time for oral public comments, or comments, usually upon documents. Such documents may either be reports such as Draft Environmental Impact Reports (DEIR's) or new regulations. There is typically a notice which is posted on the web and mailed to more or less ad hoc lists of interested parties known to the government agencies. If there is to be a change of regulations, there will be a formal notice of proposed rulemaking.

The basis for public comment is found in general political theory of constitutional democracy as originated during and after the French Enlightenment, particularly by Rousseau. This basis was elaborated in the American Revolution, and various thinkers such as Franklin, Jefferson and Thomas Paine are associated with the rejection of tyrannical, closed government decision making in favor of open government. The tradition of the New England Town Hall is believed to be rooted in this early American movement, and the distillation of formal public comment in official proceedings is a direct application of this format in the workings of public administration itself.

Public comment embedded in actual meetings is typical of meetings convened by legislative or executive bodies; judicial units do not have public comment, but rather testimony from witnesses and procedural statements from attorneys. Public units such as city councils or county legislative bodies are typical examples of legislative public comment hearing bodies. Note that comment may be written, oral, or electronic.

There are two types of comment period. One is when comment goes to a specific agenda item. Secondly there is a class of public comment which pertains to items which are not on the agenda for that day. However, it is necessary that comments be restricted to matters within the jurisdiction of the government body.

This latter requirement is seldom enforced except in those unusual cases in which commentators have set themselves at odds with policy makers and have been designated as a nuisance. In such cases, there are usually more explicit reasons given for restricting the rights of such speakers, however most undesirable comments tend to be outside the scope of legislative jurisdiction. The above distinction between agenda-item public comment and what is called "General Public Comment" pertains both to legislative type bodies as well as executive agencies. These are typically commissions, committees or boards. There are typically public comment periods during meetings of agencies such as city councils, county boards, and agencies which are concerned with matters such as water quality, fish and game, sewer runoff management and transportation. Time limits frequently range from one to five minutes for unscheduled presentations. It is not typical to require that the person commenting be a resident, a registered voter, a qualified elector, or even a citizen, simply that they be present and able to speak.

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