The DeKalb County Commission discussed the issue of Public Comments during it regular monthly meeting last Monday, with a suggestion for rule changes on how and when the public can address the court during formal meetings and workshops. The commission was looking at changes to public comments policies as earlier recommended by the Government Services Committee.
During the commission’s Committee of the Whole meeting held on Tuesday, February 18, Government Services Committee Chairman Sabrina Farler laid out the proposed rule changes. Others serving on the committee are Larry Green (Secretary), Greg Matthews, Daniel Cripps (Vice Chair), and Tom Chandler.
Farler said, “The County Mayor provided a copy of the TCA 8-44-112 (provision of state law) to the Government Service Committee in a January committee meeting to review. After the committee reviewed the public comment section in the current Policy and Procedure Manual, the committee felt that the manual needed clearer guidelines for committees, the workshop, and the monthly formal county commission meeting after reviewing TCA 8-44-112. These recommendations came after a committee meeting in February.”
The provision states as follows: “Applicability (a) A governing body shall, for each public meeting, reserve a period for public comment to provide the public with the opportunity to comment on matters that are germane to the items on the agenda for the meeting.”
Other changes include changing the term “Committee of the Whole” referring to workshop meetings of the full county commission to be renamed “workshops.” In addition, the committee recommended that the chairman of any standing committee no longer be allowed to make a motion or a second to a motion.
The current procedure for public comments anyone wishing to address the county commission must give his or her name, address or their district of residence, and is given three minutes to speak on any topic at the beginning of the meeting. Comments during workshop meetings are held at the end of each meeting and speakers can address any subject.
Under the proposed rule changes, anyone wishing to address the commission during the formal regular meeting must first sign up at least 30 minutes prior, and may speak for up to three minutes only on items listed on the agenda. All comments must be addressed to the County Mayor and not individual commissioners.
“All comments shall be directed to the chair. The chair may address questions to individual commissioners, but in no event will the citizen be permitted to call names, question the integrity or motive of any individual or make personal or derogatory comments. No applause or unnecessary noise will be allowed during public comments.”
The rules for public comments at the formal monthly county commission meetings and workshops would have changed effective July 1, 2025, if adopted. Any amendments to these regulations require adoption by a two thirds majority vote of the 14-member commission.
During the regular meeting on Monday, local resident Sammie Maxwell spoke up saying, “I am always a proponent of civility and decorum at meetings. If efficiency and better business is your goal that is wonderful. That’s good. If your goal is to silence someone that is not good. A hallmark of democracy is our freedom of speech to let our representatives know our opinions and thoughts. What I want to suggest is for you to consider an additional meeting, something like a public forum to let people feel that they have a say so.”
Second District Commissioner Myron Rhody also had issues with the proposed changes, saying, “We shouldn’t restrict the public from speaking about other concerns other than what’s on the agenda. They may have something that’s popped up within the last day or two they need to talk about. I don’t go along with all these changes.” Rhody also expressed concerns over signing in to speak 30 minutes before a meeting. “What if someone just gets off work and wants to come here and speak?”
Commissioner Beth Pafford also had concerns, saying, “I don’t believe in telling people they can’t clap and being restrictive to the agenda. There are not public forums where people can just talk, and even here, they can’t ask questions, and at all except for one incident, has been very respectful when they have come up here to talk. I have concerns about passing these restrictions at this time because that’s what they look like … an attempt to restrict the public’s voice rather than to bring order to the meeting.”
Commissioner Tom Chandler made a motion to adopt the proposed changes including the public comment rules as recommended by the government services committee. Commissioner Larry Green offered a second to the motion, but Commissioner Beth Pafford moved to amend the motion by excluding all proposals concerning “public comments.”
In a vote on the amended changes to the motion, the commission voted in favor 9-4, a majority. Those voting to exclude the public comments changes were Pafford, Rhody, Greg Matthews, Andy Pack, Mathias Anderson, Glynn Merriman, Brandon Donnell, Jeff Barnes, and Tony Culwell. Commissioners opposed were Tom Chandler, Tony Luna, Larry Green, and Daniel Cripps. Sabrina Farler was absent.
Afterwards, the commission voted on the motion as amended to only change the policy as changing the name of the “Committee of the Whole” meeting to “workshop,” and to not allow a chairman of any committee to make a motion for that committee or offer a second. The commission voted 11-2 in favor meeting the two thirds majority requirement. Only Chandler and Luna voted against it.