treadlightly Posted June 16, 2011 at 12:23 PM Report Share Posted June 16, 2011 at 12:23 PM At our board meetings, we allow for the public to make comments at two different times (one in the beginning as it pertains to the agenda, one at the end of the meeting).A former board member shows up at every meeting and uses the public comments portion to launch personal attacks against a board member, sometimes two board members, but mainly there is a personal vendetta against one board member.The board does post the rules which include that public comments must be addressed to the board as a whole and that personal attacks will not be tolerated, but no one stops this person every time they engage in their attack. Stifling free speach is not the objective, but civility is. What (if anything) can be done to either enforce the rules of civility or prohibit this person from making further public comment if they continue their attacks? Link to comment Share on other sites More sharing options...
George Mervosh Posted June 16, 2011 at 12:51 PM Report Share Posted June 16, 2011 at 12:51 PM " An assembly has the right to protect itself from annoyance by nonmembers, and its full authority in this regard - as distinguished from cases involving disorderly members - can be exercised by the chair acting alone. The chair has the power to require nonmembers to leave the hall, or to order their removal, at any time during the meeting; and the nonmembers have no right of appeal from such an order of the presiding officer." RONR, p. 628If your presiding officer isn't up to doing his duty to protect the assembly, the Board can order the person disturbing the assembly be removed. If he refuses or it escalates, contact the authorities.Your problem isn't complex - you have a rule, it's time to insist it be followed. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 16, 2011 at 01:42 PM Report Share Posted June 16, 2011 at 01:42 PM At our board meetings, we allow for the public to make comments at two different times (one in the beginning as it pertains to the agenda, one at the end of the meeting).A former board member shows up at every meeting and uses the public comments portion to launch personal attacks against a board member, sometimes two board members, but mainly there is a personal vendetta against one board member.The board does post the rules which include that public comments must be addressed to the board as a whole and that personal attacks will not be tolerated, but no one stops this person every time they engage in their attack. Stifling free speach is not the objective, but civility is. What (if anything) can be done to either enforce the rules of civility or prohibit this person from making further public comment if they continue their attacks?If the president is not enforcing the rule, then when the person violates a rule, raise a point of order that the rules for hearing of the public are not being followed (interrupting the speaker if necessary). The president will be forced to rule on the point of order, and it will be subject to appeal. If the person continues to be disruptive, move that he be excluded from the meeting.But be careful. If you are a public body, you don't want to get in trouble for violating anyone's constitutional rights under the First Amendment. You can exclude disruptive people, but just because some gadfly wants to harangue you every week for his full allotted time over some bad decision you made three years ago, that's probably not "disruptive". You can't prohibit him from future comment, you can only stop him when he crosses the line. Get your lawyer involved to help you spot the line. Link to comment Share on other sites More sharing options...
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