Many of South Carolina’s cities provide time during city council meetings for those who wish to speak to the council to do so.
This can provide a valuable way for residents to share concerns with local government, but these public comment sessions can also create conflict that interferes with the council’s ability to conduct the business of the city. The council meeting might face high emotions or disruptive behavior. Other factors, like handling different public speakers inconsistently, can also worsen tensions.
Councils can help with these issues by formally establishing rules for public comment. Here are key things to remember about public comment periods:
State law does not require public comment periods
A public comment session is a time that the council may provide to hear from the public, within the guidelines that it sets, on topics of concern. A public comment period is different from a mandatory public hearing.
South Carolina law requires public hearings in many different contexts, including for example:
- before the council adopts its annual budget — SC Code Section 6-1-80, and
- before adopting a new service or user fee — SC Code Section 6-1-330.
- before adopting or amending comprehensive plans or ordinances under the Comprehensive Planning Act – SC Code Sections 6-29-530, 6-29-760, and 6-29-1130.
These public hearings have specific requirements. For example, the budget public hearing must be advertised at least 15 days in advance, while the public hearing on a comprehensive plan must be advertised at least 30 days in advance.
Set the rules
Councils sometimes pass ordinances to establish their rules for public comment. Rules can focus on many points:
- When in the meeting the public may speak — often at the beginning or end of the meeting.
- Whether speakers must sign up in advance of the meeting.
- How long a person may speak. These rules often aim to keep council meetings from running to excessive lengths of time. A 2023 SC Attorney General’s opinion addressed a case where public comment rules allowed only three minutes per speaker, and noted that “[t]his Office cannot definitively state when the amount of time permitted is so short a court would find it unreasonable.”
- Whether speakers may comment upon only matters on the agenda, or on any topic. The 2023 attorney general opinion found that a “relevancy requirement” would be legal, which could require that speakers confine comments to matters that are within the scope of the municipality’s business. In 2025, the City of Greenville amended its rules to allow for those who wish to speak about an item on the meeting agenda at the beginning of the meeting, and for those who wish to speak on non-agenda items to do so at the end.
Explain the process and the expectations for speakers
The council can communicate to speakers, on the agenda and verbally, that the rules exist to ensure that councilmembers have adequate time to discuss critical issues, and to preserve order in the meeting. It can be useful to note that the comment period is the only portion of the meeting when the council will receive comments from attendees during the meeting.
Councils that set time limits will often display a timer or use light signals so that the individual speakers know when they must conclude their remarks.
Be prepared to keep order in the meeting
Some councils have rules or ordinances authorizing the presiding officer to stop public comments that either the chair or a majority of council determine to be uncivil, contentious or disruptive. Although it is legal to remove a person who violates rules from a public meeting, councils should exercise caution when doing this, and be mindful to avoid infringing on First Amendment rights in the process.
Learn more about conducting meetings in the How to Conduct Effective Meetings handbook.