Town Council: Public Comment Is a Privilege, Not a Right
1943 poster featuring one of Norman Rockwell’s famous “Four Freedoms”
By DORIE SOUTHERN
Cape Charles Wave
November 20, 2012
If the gavel bangs once — watch out.
If the gavel bangs twice, you’re out of there, courtesy of a police escort.
That’s the new suggested protocol for Town of Cape Charles public meetings.
Town Council held a work session November 15 to discuss how to control behavior during public meetings.
Town attorney Michael Sterling drafted three pages of “Guidelines for Citizen Participation.” Council members Thursday expressed approval for the guidelines, and added a few more themselves, including the gavel rules.
The draft rules will be reviewed in December before coming to a vote in January.
The guidelines are meant to control not only public speakers but also Town Council members — or any members of any other official town board or commission.
Town Council members agreed that speaking at a meeting of a public body is a privilege, not a right, and that Council has the right to restrict that privilege as it sees fit.
Those restrictions could include prohibiting members of Council from participating in public comment time.
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Council member Frank Wendell frequently addresses Council as a member of the public. At the August 23 public hearing on the rezoning of the old school, basketball court, and parking for the children’s playground, Mayor Dora Sullivan began the meeting by informing Wendell that he could choose to speak as a private citizen or as a member of Council, but not both. Wendell replied that when he was elected to Council he did not give up his rights as a private citizen, and he demanded his “full rights.” After a whispered conferral with Town attorney Sterling, Mayor Sullivan allowed Wendell to speak.
At the work session, Mayor Sullivan told Council that she had conferred with the Virginia Municipal League, and concluded that she was within her rights to prohibit a council member from speaking during the public comment period. She said that council members could speak at the conclusion of the meeting.
At the August 23 public hearing, Mayor Sullivan ordered Cape Charles police to remove four members of the audience — two of them during their time at the podium, and two others for holding up signs. At least three uniformed Town policeman were on duty that night at the meeting.
Council members also agreed at the work session to confine public comments to three minutes per speaker. No longer would one speaker be allowed to cede his time to another.
Councilwoman Joan Natali expressed concern for those who might feel uncomfortable being offered a flyer when attending a Town public meeting. She also said the display of signs could be troubling. Council agreed that signs and handouts should be prohibited in public meetings, as well as within 40 feet of the entrance.
Councilman Wendell was out of town and so did not participate in the work session. According to Mayor Sullivan and Town Manager Heather Arcos, Wendell had discussed the issue with both of them and stressed the importance of freedom of speech in the guidelines.
Sullivan said at the work session that council members don’t need much time to speak during meetings, because decisions are normally made in advance. Members deliberate in private one-on-one meetings prior to the Council meeting, Sullivan revealed.
Virginia law prohibits private discussion of official business by groups of three or more elected officials.
Council members also agreed to limit flash photography to “photo-op” events, such as award ceremonies. Audience applause would be restricted to similar occasions.
Regarding the press, Councilman Tom Godwin was concerned about reporters who might ask questions about a meeting. Council members agreed that the town manager should speak for the Council.
In other business, Vice Mayor Chris Bannon announced that the Northampton High School Band will play at the Grand Illumination in the park on December 1.
How dare you [Town Council] say only some have the right to speak and not others. At seventeen I fought in World War II for the RIGHT for all to speak at a meeting. [Town Council] should read what our Founding Fathers wrote in the Constitution and the Bill Of Rights.
The fact of the matter is that this town council is making all of these new rules to cover their [rears]. They refuse to face the truth of who they are and what they are. As one of the Historic District residents who was removed from the podium on August 23 for speaking the truth, I say this: If you can’t take the heat, get out of the kitchen Mayor Sullivan! You and your little town council (with the exception of Frank Wendell) have bent over backwards to hide what you are doing, and anyone asking questions is quickly silenced. Good luck silencing this citizen.
Just for kicks, Google “town rules of decorum for meetings”. I think you’ll see pages and pages of links to similar rules of decorum returned to your browser. Many towns have similar rules in place already. I don’t think that the town is trying to squelch “freedom of speech” but simply trying to place legitimate paramaters around those rights for the purposes of maintaining order in these meetings so that the meetings remain productive. We, as citizens, can and should speak. But, the Golden Rule should remain in effect in these meetings as it should in all of our affairs.
The town council once again is alienating the public, instead of working with the public to resolve problems. They are setting themselves above the law in using the “us” and “them” theme. Is the town council so afraid to listen to divergent opinions? Shame on you! Is this America, or a take off of Cuba, or perhaps Iran. I DON’T LIKE THIS, AND THE DIRECTION YOU ARE HEADING. Please stop and reconsider your actions. This doesn’t sound like the America I grew up in, and fought for.
Having worked for the Town back in 2002 until 2004, it comes as no surprise that there are many council members (of which the majority aren’t even from the Shore) who think [ . . . ] — and it is beginning to show. The colors of the Town were revealed to me after getting a $400,000 grant for the town, in which I in turn gave my 40% towards the match — and was denied a raise. I got nothing for that experience and barely a thank-you and not even a note about my hard work when it was in the paper. The [. . .] is about to hit the fan. So I think I will sit back and watch. The Town will reap what it has sown!
Thank you Tony and Roger for bringing light to the intellectual darkness that is descending on this serfdom. I understand that you did not go to war to defend our freedoms ‘just for kicks,” and you know better than we the state of things here. Decorum, order, civility, punctilio, politesse are just tools of the trade: http://youtu.be/5Xd_zkMEgkI
As a veteran I agree with Tony and Roger. Are there any other veterans who think that free speech is a privilege and not a right? I doubt it but if there are I would like to hear from you.
Mr. Sacco & Mr. Munz, the America you grew up in and fought for has rejected your values and ethics.
Government for the People, by the People and of the People has been replaced with an imperial presidency and we all know that leadership starts at the top.
Expect ALL governments to eschew the will of the People and proceed as they darn well please.
We, the People sacrificed the great American birthright of Freedom, Liberty and Individual Freedom for gifts from the government. We have gone from a land of Makers to a land of Takers.
Mr. Gay, in regards to your comments on Free Speech, I direct you to the many many articles and speeches from leading liberal lights over the last four years regarding how ‘free speech’ is highly over-rated. Professor Eric Posner of the University of Chicago wrote a particularly vile piece.
To all commenters above, keep the faith and continue to fight the good fight!
Happy Thanksgiving to all.
I am sure that if proper protocol was observed by the speakers and sign carriers, there would be no need for extra rules and regulations.
If you are deliberately disruptive to a meeting of local government, you will be asked to leave and it has nothing to do with freedom of speech.
You do not have the right to be disruptive in any public meeting, Boy Scouts, church or the Town Council of Cape Charles.
If I am not mistaken, the opprobium concerns the COUNCIL not following proper protocol. So, if I follow you, Ve must do vat the Government DEMANDS of us, and no disruption vill be tolerated!!
IMHO, you have the ABSOLUTE right to be ‘disruptive’ since members of our Armed Forces have DIED for us to have that right.
And in case I was too obtuse, HITLER was a firm believer in not allowing dissent.
To those of us on the Right, it goes like this……..
“I may not agree with what you have to say, but I will defend to the death your right to say it.”
Gah, it’ s sad what happened to our Country.
Obnoxious sign wavers and unreasonable demands have nothing to do with Hitler.
We established and voted for our leaders. Let them do their job and lead.
If you want something done you have to go through the proper channels or all you have is chaos.
Tacitus told us millennia ago . . .
“The more numerous the laws, the more corrupt the government.”
I could have SWORN that I kept hearing — ONLY during the W years — that dissent is the highest form of patriotism.
True or not?