Speak freely

GREENSBORO, NC -- At last night's Guilford County Commissioner's meeting, Chairman Skip Alston cut off the microphone as George Hartzam was speaking from the floor after previously interrupting Hartzman to ask him to keep his comments on the agenda topic. Prior to the regular public meeting, the commissioners held a special meeting, where they voted to prohibit the showing of video by speakers form the floor. (A motion to outlaw dancing was continued to the next meeting.)


[Hartzman begins at the 2:25 mark, but the the preceding oration is eloquent and worth hearing.]

These clampdowns on free speech are concerning. I wrote to County Attorney Mark Payne and asked what was going on. Regarding Chairman Alston limiting Hartzman, Payne told me (entire answer below):

"The legal standards for public hearing comments is that they are to be on topic and comments outside the scope of the hearing or redundant can be limited."

Apparently, the mayor also gaveled down Hartzman at a city council meeting earlier this week for the same reason, not speaking to the topic. I don't know what Hartzman's motives are for making his presentations, verbal and written, so obtuse; but even if one might have thought Hartzman was eventually going to make a point on topic, the Chairman did not and he exercised his prerogative. 

Here's the important thing though. There is a safeguard against an arbitrary or tyrannical abuse of this prerogative by the Chair.  A speaker who finds himself in this situation can make an appeal to any other commissioner to make a motion to allow the speaker to continue. With a second and a majority vote, the Chair will be overruled and the speaker will be allowed to continue. The Chair doesn't need a vote to cut a speaker off, but an affirmative vote will allow the speaker to continue. 

If the Chair (or mayor) is trying to cut you off in a way you think is unfair, don't appeal to the county attorney, as Hartzman did, or other staff, see if you can get some friendly help from a representative on the dais. If the Chair is reaching for the microphone kill switch, you won't have much time, so have something quick at the ready. Like:

"Is there a commissioner who will move that I be allowed to continue?" 

Mark Payne's reply (in majority):

"As to the limitations on the comments of Mr. Hartzman, as you know, those comments were made as part of a public hearing on the county's proposed schedules of value, which provides the guidelines for tax evaluation procedures.  The legal standards for public hearing comments is that they are to be on topic and comments outside the scope of the hearing or redundant can be limited.  The chair has the authority to call the comments of a speaker out of order; minus a motion, second and vote on the question otherwise, the chair's decision stands. A vote is not required. Finally, i do believe that the comments were, in fact, well outside the topics of the revaluation methodologies being proposed by the tax department.  George's comments began as a general statement of the need for a revaluation and the housing market in general; then he stated his opinion that adjusting real property taxes upward to the revenue neutral position was preferable to using sales tax as an option.  While these comments were more to taxation decisions not to be made until the budget is adopted and a tax rate is established before July rather than the schedule of values, they were arguably related to the topic.  The next comments went to the parties were had advocated the 1/4 cent sales tax in the past and their possible motivations for doing so. Past decisions by other parties on the 1/4 cent sales tax, in my opinion, is clearly not related to the schedule of values.

"As you may have notice George asked me as to the legality of the ruling; it is not appropriate  for me to engage any speaker, i should only speak to and on behalf on the board.  The board had no question for me and so i was not in a position to speak. If is had been asked i would have said roughly what is in this email."

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