Two former Fredonia trustees bashed Mayor Michael Ferguson over his stance on public comments at village meetings.

Michelle Twichell and James Lynden are upset that Ferguson refuses to allow comments about a lawsuit filed against the village. Lynden was one of three people who sued Fredonia over its September decision to decommission the water plant and reservoir and acquire water from the North County Water District.

Twichell was first to speak about the issue at the Board of Trustees meeting Monday. She declared that the trustees are violating the state’s Open Meetings Law by restricting public comments to given topics.

She added that documents related to meeting agenda items ought to be posted on the village website at least 24 hours in advance of a meeting, so the public has time to consider them.

Lynden alleged that Ferguson has used at least four versions of a “restrictive statement” about speaking on the lawsuit before opening the public comments portion of the meeting. Lynden said the trustees, and not Ferguson, are supposed to have the final say on restricting comments at the meetings.

“Particularly after litigation was filed, the mayor appears to have engaged in viewpoint based censorship. That is a textbook viewpoint discrimination under the First Amendment,” said Lynden, because Ferguson is “targeting a group advocating a specific decision.”

Lynden also alleged that Ferguson’s remarks at village meetings are “sanitized” in the minutes that appear on Fredonia’s website.

Lynden said Ferguson’s behavior regarding the lawsuit “suggests a pattern of retaliation or chilling effect and intent to discourage public discussion of ongoing village matters, which further chills public participation in civic affairs.”

Ferguson did not comment on the former trustees’ remarks.