PORT TOWNSEND –The Jefferson County county commissioners have deleted a portion of the public comment policy that calls for respectful speech — at least temporarily – in light of a lawsuit challenging it.
The lawsuit — filed Thursday in Clallam County Superior Court by Mats Mats Bay resident Mike Belenski, who just three days earlier won a free speech case against the county that resulted in it removing its ordinance governing the size of political signs — alleges that the commissioners violate citizens’ First Amendment rights by prohibiting comments it considers to be “personal attacks” or derogatory, and asks the court to rule against it.
The three county commissioners eliminated the contested portion of the policy with a unanimous vote Monday, after an executive session.
“The commissioners decided to take out the challenged section so there would be no doubt that the county was aware that it was in the middle of a lawsuit,” County Chief Deputy Civil Prosecuting Attorney David Alvarez said Tuesday.
Temporary measure
County Administrator Philip Morley clarified that the action was a temporary measure, to be effective only “during the pendency of that litigation until further notice, when you may wish to take further action.”
Alvarez will answer Belenski’s complaint at 1:30 p.m. Friday in Clallam County.
Part of the deleted portion says: “All speakers shall confine their remarks to facts that are germane and relevant to county government. Focus on issues, not individuals or groups of individuals. Please be respectful of persons present and not present.”
Left in the policy, which limits each speaker to three minutes, is the statement, “This is an optional time period dedicated to listening to the public. We want to hear your ideas or concerns.”
Chairman David Sullivan — who wrote the policy — said last week that he would consider eliminating the public comment period, which allows people to speak on issues of concern to them at the beginning of the meeting, in order to avoid paying legal fees the county can’t afford.
Public comment periods — which, unlike public hearings, are not limited to a specific law being proposed — are not required by law.
“I’m torn,” Sullivan said last week. “I want to limit the financial liability of the county in this tough budget time. I want to keep the public comment period open.”
Preserve comment period
Several speakers on Monday pleaded that the public comment period be preserved, including Joe D’Amico and Tom Thiersch, who — along with Larry Carter and James Fritz — filed supporting declarations with Belenski’s lawsuit.
Jim Tracy also spoke in favor of maintaining the public comment periods that open the commissioners’ regular meetings at 9 a.m. each Monday.
Sullivan said his intent in writing the policy, or preamble as it is also called, was to set a respectful atmosphere in which those speaking before the commissioners “focus on issues rather individuals.”
His concern, he said, is that comments get personal.
“I’ve adapted it at times,” Sullivan said. “What I did to make it more friendly is took out part about being derogatory or abusive.
Sullivan said he added, “be respectful to persons present and not present” instead.
Belenski, however, said he was uneasy with Sullivan and the other commissioners Phil Johnson and John Austin constantly changing the policy.
Saying he was glad the commissioners deleted a portion of the policy, Belenski added, “But there’s nothing that stops them from changing it. I would have liked something in concrete.
“Sullivan, he changes it on a whim,” Belenski added. “It just seems they need to be more concrete to protect people’s right to free speech.”
Belenski declined to comment further.
“Let’s let the judge weigh both sides on Friday,” Belenski said.
Sullivan said that, given declining revenue for the county, “I think that people ought to show restraint.”
For now, he said, “We’re going to try to keep it open and listen and hear what people have to say.”
Thiersch said he thought the commissioners’ actions Monday were an attempt to stop another judgment against the county.
Alvarez said the county wants a court judgment in the case.
“We are waiting for a judge to tell us what cannot be in the preamble,” Alvarez said.
“It would be silly to leave language in there and to continue a violation of the constitutional rights of the citizens.”
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.
