E-edition Log In | Subscribe | Advertise | Submit News | Contact | About | Daily E-Newsletter
The Leader - Port Townsend, Jefferson County & Olympic Peninsula's news website | Port Townsend, WA

First Federal Top

home : news : news September 02, 2010

12/2/2009 6:00:00 AM
Courtesy versus the constitution: Are county commissioners trampling right to free speech?
Open government forum
The Washington Coalition for Open Government (WCOG) is holding an open government forum at 6 p.m. Wednesday, Dec. 9 at Port Townsend High School. The panelists include Assistant State Attorney General Tim Ford, WCOG President Toby Nixon, and other state and local officials.
By Barney Burke of The Leader


When a newspaper questioned a City of Palouse policy prohibiting comments about city staff, Washington Assistant Attorney General Tim Ford sent a letter warning the city: "Any policy prohibiting comment on a specific topic would have serious constitutional implications."

That policy was repealed at the next meeting, said Ford, who is a panelist at the Dec. 9 Open Government Forum at Port Townsend High School.

Some critics of Jefferson County government say that a statement read by Board of County Commissioners (BOCC) Chairman David Sullivan each week at the beginning of the public comment period also goes too far in restricting speech.

"These guys are trying to violate my rights and they're being successful," said Tom Thiersch, a regular at the BOCC meeting Monday mornings.

Thiersch and two other regulars, Mike Belenski and Joe D'Amico, say Sullivan is trying to regulate the content of speech, not just the time, place and manner of speech.

"It's a way to silence his critics," said Belenski.

"There's an implied threat," said Thiersch. "They called a damn deputy on Mike [Belenski]," citing a heated verbal exchange last year. "I don't need that."

"I haven't spoken at the last several meetings," said Thiersch.

"I definitely feel that what I say here is controlled," said D'Amico, who posts videos of county meetings on YouTube.

During his term as chair, Sullivan has several times revised the written statement, which asks speakers to focus on issues rather than individuals, and to be respectful of others. The statement was first added to the weekly agenda when Phil Johnson was chairman. The BOCC meetings are regularly attended by several critics who have at times, according to commissioners, created an atmosphere of intimidation.



Wilder Nissan

Is the board going too far?

"I don't think so," said Sullivan in recent interviews. "We give people other forums in other ways."

Sullivan said he does not want to end the public comment period on Mondays, but he said it's appropriate to limit the scope of comments at those meetings. "I think there's a real difference between a real meeting and our regular business meeting."

Sullivan said he attended a training session about meetings at the Washington State Association of Counties convention two weeks ago. Robert's Rules of Order requires courtesy and respect, he said.

What about the right to free speech? "Well, I think we have a right" to establish some guidelines, he said. That creates an implied contract, he said, in which speakers are agreeing, in effect, "I want to speak under those conditions."

"Otherwise, they'd use a different forum," Sullivan said. "This is an optional time period. We don't have to allow it.

"The most I ever do is remind people of what our expectations are," Sullivan said. "I don't dictate content for anyone.

"Any constructive criticism is always welcome," Sullivan said, but "I don't want character assassination of county staff. You don't know what people are going to say. Sometimes, I think people go a little too far."

"He's confusing decorum with censorship," responded Belenski, who has filed several lawsuits against county officials or agencies on open meetings or public records issues. This week, the county agreed to pay Belenski $350 in court costs and $1 in punitive damages to settle a 2006 suit he filed concerning the constitutionality of the county's sign ordinance.

In an interview, attorney Ford said the county's statement is vague, and he would have to look at all the facts to draw any conclusions. But if Sullivan is "cutting off people on a consistent basis," Ford said, that "would give me concerns. In an open forum, you cannot restrict the content."

In his March 24 letter to Palouse, Ford wrote, "A municipality may adopt a policy to prohibit personal attacks such as insults if they lead to disruption of the meeting," adding, "Personal insults should not be confused with insulting criticism over the conduct of public officials or employees."

As to the breadth of free speech, Ford wrote: "A municipality that deliberately allows a general public comment period during its meetings creates a limited public forum for constitutionally protected free speech. The city may not restrict speech it merely dislikes, but has some ability to limit public comment in a neutral manner," such as time and noise limits.

Sullivan, Thiersch, Belenski and D'Amico all said they feel time limits are a permissible restriction on speech.

Belenski said that people who praise county government are allowed to "talk all day without interruption."

 

Consequences of threats

Ford noted that state law allows a board to remove people from a meeting if they are disruptive, but "critical comments of government and government officials are not disruptive."

"You know disruptive comments when you hear them," Ford said. One example would be someone making a direct threat to harm someone.

Thiersch said the Washington Constitution allows people to say anything, provided they take responsibility for the consequences. "If I do make a threat there are consequences," he said, and besides, "People have a right to be upset."

"I've never witnessed a threat," said D'Amico. "I haven't seen people get that animated." But Commissioner John Austin said that sometimes, people make threats by implication, telling anecdotes about frustrated people they know, for example.

Sullivan expressed concerns over comments farmer Roger Short made earlier this year. "In the past, he's gone over the line," he said, but not recently. At the Nov. 23 public comment period, Short complained about flooding in Chimacum Valley, saying there was too much emphasis on helping salmon at the expense of farmers.

"I can't talk about [Community Development Director] Al Scalf?" Short asked. "No," said Sullivan. "Al Scalf is what killed my cheese factory," said Short.

"I can't talk about Al Scalf if I want to today?" asked the next speaker, D'Amico.

"You should address any concerns about employees to their supervisor or the county administrator," Sullivan answered. "You should talk about issues, not individuals, he added.

 "I don't want to be gaveled down," said D'Amico.

 "It's a difficult call when you're sitting up there," Johnson said. "It's hard for me to sit and listen to derogatory comments about the person, not the issue."

Johnson cautioned about pushing the rules for comments too far in either direction. "Mike [Belenski], frankly, I believe has been reasonable," he said, adding, "Most people are reasonable." He also said he could not recall Sullivan ever "gaveling down" a speaker altogether.

"One of my concerns," Johnson said, "is there are people in the community who would like to come to our Monday morning meetings but don't because of the tenor."

For the Dec. 9 forum, besides Ford and Nixon, other panelists are House Majority Leader Lynn Kessler, PUD President Wayne King, Jerry Handfield, state archivist, and moderator Frank Garred, former publisher of The Leader. Free to the public, it is sponsored by WCOG and The Leader.



Reader Comments

Posted: Sunday, December 06, 2009
Article comment by: bro

Its called the Chavis doctrin

Posted: Friday, December 04, 2009
Article comment by: Allen Frank

Mike Belenski filed for preliminary injunction yesterday against Jefferson County in neighboring Clallam County. Four other concerned Jefferson County citizens filed supporting declarations. The order to show cause was signed by Superior Court Judge Ken Williams. A hearing is set for Friday, December 11, 1330 hrs, in Clallam County Superior Court to determine if a permanent injunction should be issued against Jefferson County. During the week of November 9, 2009, Commissioner David Sullivan has either stopped speakers from talking or interrupted them during public comment.

Perhaps we need a Free Speech Forum next.

By the way, where is the ACLU on all of these issues like Public Records, Public Meetings and Free Speech?
Seems like they disappear when it's one of their Progressive Brethren like Sullivan.


Posted: Thursday, December 03, 2009
Article comment by: Allen Frank

"The most I ever do is remind people of what our expectations are," Sullivan said. "I don't dictate content for anyone."

Sullivan has cost the County $41,000 plus how much the County spent defending his trampling of the Open Records Act.

Sullivan has cost the County again by enforcing an unenforceable sign code and trampling Mike Belenski's 1st Amendment Rights.

And Sullivan tramples citizens free speech rights when they say things in Public Comment that he doesn't want to hear. There is example after example on Joe D'Amico's u-tube videos of the meetings. In addition, I personally witnessed numerous interruptions over the years. This is nothing new.

Sullivan wants to be the Civility Czar...yet he has lost his moral authority to insist on any decorum by his accumulation of actions.

Also guilty are Grinnin' Johnny Austin and Bump on a Log Phil Johnson who have just sat back watching Sullivan cost the County tens of thousands of dollars and countless time defending his arrogant stupidity. They are also guilty.

In Jefferson County, being a Democrat Progressive means the ends justifies any means including trampling opposition rights. Sounds like they are taking a page from Obam-Mao. Fortunately, at least nationally, citizens are waking up to the Progressive Rights Trampling Movement.
In Pt. Townsend, they seem to savor it. No one criticizes Sullivan.
They are just as guilty as Sullivan. People in power need to be held accountable. Sullivan should reimburse We the People and the County for every dime his nonsense has cost taxpayers.
So where is the Jeffco Democrat Party Chair Matt Sirceley on this issue??
Why not ask him Barney??
Don't want to embarrass him as you seem to think he is doing a fine job...right?


Posted: Wednesday, December 02, 2009
Article comment by: KN

Please note for Commission Johnson that this is 2009, almost 2010. Why aren't the BOCC meetings on-line and/videoed like Port Townsend city council meetings? I can't attend the meetings because Monday mornings don't fit in with my work schedule, same with many more county residents. Tenor doesn't come into play in my decision. As for Sullivan 'gavelling' down a meeting attendee, please watch the 11/9 Jim Frisk video here: http://www.youtube.com/watch?v=vn5bZKZorkk&feature=related

Posted: Wednesday, December 02, 2009
Article comment by: bro

At this rate, soon the politians will tell us what we can say



Article Comment Submission Form
We welcome your comment to this story, to be posted after a website editor's review.

Please stay on topic, provide credible information or insight that moves the discussion forward, be convincing and try to be brief. Your comment won't be edited, so all of it is posted or none of it is posted.

Own your words and post your full name, although single name or alias comments will be considered. An authentic email address and phone number are for our use only. NOTE: site software requires that all fields be filled out.
Submit an Article Comment
First Name:
Required
Last Name:
Required
Phone:
Required
Email:
Required
Message:
Required
Passcode:
Required
Anti-SPAM Passcode Click here to see a new mix of characters.
This is an anti-SPAM device. It is not case sensitive.
   


Advanced Search


TOP ADS
PERSONAL CARE STAFF
RETAIL CLERKS
SUBSTITUTE TEACHERS