Cabarrus Cheap Seats

I’ll have to say that the local press has been printing more about the controversy than they have the actual policy. I’ve reviewed, and I’m making I’m not saying that this is perfect; but it’s a marked improvement from the previous rules in the following areas:

1. There are more, not fewer, opportunities to address the board chairman, board members, and county staff.
2. During the meeting there is more, not less, time to address the board during the meeting
3. There will be better access to citizen-produced materials rather than the meeting room being littered.
4. The decorum polices only bring the County into compliance with laws on defamatory speech. If someone makes slanderous remarks the person broadcasting them can be culpable. Since the meetings are usually televised this could represent a legal problem for the County.

Anyhow, I’m posting the policy here - rather than just bloviating endlessly with my on opinion in spite of the facts like some other people do:

Citizen Input at Commissioner Meetings 

1. Our current board rules of order, which are patterned after Roberts Rules of Order and amended by various state laws and local modifications, call for a very restrictive period of informal public comment at the board meeting. As it currently stands, the period of time allotted for this discussion is limited to 15 minutes, which is absurd in the short amount of time, or lack of flexibility in granting more time for speakers.

2. As board chair, I have the responsibility to ensure that our meetings are conducted in a manner that is representative of the values and attitudes of the citizens of Cabarrus County. Public input at our meetings should be defined by a sense of fairness and civil decorum, while at the same ensuring that those speaking do not have their right to petition their government infringed upon, or their free speech restricted.

3. I am proposing to the board changes, and formal adoption of, a six pronged strategy for ensuring the public has full access to their elected leaders:

a. Public Hearings. These will be conducted when required by NC Law. Unless the board votes to suspend the rules, speakers at these Public Hearings will be governed by the same rules as for informal public comment. (No Board Action Necessary)

b. Direct Communication. Citizens are always encouraged to contact one or more commissioners directly, either by letter, email, or telephone. In addition, any citizen can schedule a meeting with any commissioner, or group of commissioners, or the county manager, as long as a quorum is not present. It will be the responsibility of the Board Clerk to maintain current contact information on the website for each commissioner. (No Board Action Necessary)

c. ChairmanÂ?s Public Input Forum. Beginning in March, following the agenda work session meeting, I will remain in the county building, where I will entertain input from citizens concerning issues or complaints. In addition to myself, I will be asking for a member of staff to be present to take notes and to ensure issues are addressed that are raised. This will be a very informal time, with snacks and beverages being provided.

d. Written Materials Distribution. It is not fair for citizens who attend the board of commissioners meeting to be involuntarily solicited for support for a particular candidate or political position through the involuntary mass distribution of printed handbills, campaign materials, or other written materials in these chambers.

Individuals or groups desiring to make available materials concerning a particular position on an issue may personally offer the items to individuals at the door to the commissioners meeting chambers, or are free to place such materials on a provided table on the mezzanine outside the meeting room.

Any such materials distributed should have contact information on each piece, to include name & address, and telephone or email address. The group or individual is also responsible for collecting all excess materials prior to leaving the meeting. Any excess materials left will be discarded. A copy of this paragraph will be posted on each entry door to the meeting chambers, as well as on the door leading to the Multipurpose Room.

e. Informal Public Comment. Each monthly business meeting of the Cabarrus County Board of Commissioners will include a period during the meeting, and approved as part of the agenda for informal public comment. The period of informal public comment will normally by held after any public recognitions, and prior to the introduction of any old or new business agenda items on the agenda. In order to ensure that the board had adequate time to conduct the business before it, the period of informal public comment will be subject to a 30 minute time limit, with the ability to extend, based on a vote of the board, for additional 30 minutes periods up to 90 minutes total. It is the intent of this public comment period to provide members of the public to petition their Board of Commissioners on specific issues of concern. Groups are encouraged to send one speaker to the podium to address their concerns, and citizens are always welcome to submit written comments that will be included as part of the record of the meeting.

Speech that is discouraged during the period:

a. Personal Campaigning for office by a candidate.
b. Personal attacks against individual members of the elected board or staff, or other candidates.
c. Business Solicitation.
d. Speech that openly threatens, coerces, or otherwise seeks to damage other individuals.

Speakers violating this policy will be subject to the following actions, at the discretion of the Chairman:

1. A reminder will be given to the speaker that he/she is violating the meeting rules in regards to appropriate public comment.

2. If the speaker continues to speak out of line after being warned by the chairman, then he/she will be asked to terminate their remarks and to be seated.

3. If the speaker, after being asked to sit down, continues to be disruptive in the meeting, then he/she will be shown by the deputy on duty at the meeting where they can continue to exercise their free speech rights without disrupting the meeting and preventing the board of commissioners from carrying out its legal obligations to conduct the business of the citizens of Cabarrus County.

4. The following notice will be posted at the entrance to the commissioners chambers, as well as on the speakers lecturn.

§ 14 394. Anonymous or threatening letters, mailing or transmitting. It shall be unlawful for any person, firm, or corporation, or any association of persons in this State, under whatever name styled, to write and transmit any letter, note, or writing, whether written, printed, or drawn, without signing his, her, their, or its true name thereto, threatening any person or persons, firm or corporation, or officers thereof with any personal injury or violence or destruction of property of such individuals, firms, or corporations, or using therein any language or threats of any kind or nature calculated to intimidate or place in fear any such persons, firms or corporations, or officers thereof, as to their personal safety or the safety of their property, or using vulgar or obscene language, or using such language which if published would bring such persons into public contempt and disgrace, and any person, firm, or corporation violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (1921, c. 112; C.S., s. 4511(a); 1993, c. 539, s. 260; 1994, Ex. Sess., c. 24, s. 14(c).)