Fredonia OKs new speaking rules
The Fredonia Board of Trustees has approved new guidelines for members of the public who speak at its meetings.
The trustees unanimously approved a new statement of guidelines during a workshop this week. The statement is read at the beginning of every public speaking portion of meetings. It will take effect at the trustees’ next meeting on Monday.
The most notable change is that there will now be two opportunities for public comment during the meetings, instead of one. The first opportunity will be strictly for items in the agenda and it will presumably occur before trustees consider resolutions, as is the case now.
The new second speaking stint will offer a chance to speak about anything — however, it will come at the end of the meeting, and it will not be recorded or televised.
Another change — first proposed by Trustee Ben Brauchler at the most recent meeting — is that everyone gets three minutes to speak, irrespective of whom they are representing. People used to be allowed five minutes to speak if they claimed to represent a group.
Mayor Michael Ferguson was at the workshop this week after missing the previous meeting due to illness, and had a few more comments about public behavior at village board meetings. The mayor revealed he called the police on last week’s meeting, which saw outbursts from multiple members of the public.
Ferguson also addressed his recent request, which was quickly rescinded, to halt all public comment at the meetings.
“I would never, as an elected official, attempt to quiet the public. But as you see, we have very few people, if any, coming to the meetings. Part of that reason, I believe, is because of the circus that it has turned into in the past and continues to be to a certain extent.”
The statement Ferguson read before recent public comment sessions was “approved by our attorney, written by our attorney, and unfortunately had to add things in there about people getting out of line, respectful manners, civil discourse, shouting and outbursts.
“That was the reason for the attempt,” the mayor went on. “New York State Open Meetings Law says that you must have a lead meeting that the public can attend and observe the workings of the government. There is no law stating there is a public portion of the meeting.”
Ferguson added, “I think that some of the things that happened in this room are absolutely ridiculous. It was I who called the police last week, from my hospital bed, because I felt that it got out of control. I thank the board for maintaining their composure, they are better people than I am from that standpoint.”
The mayor later told the OBSERVER that police made no arrests at the meeting.
Ferguson said anyone can contact trustees by phone or email, but “very few people will call and contact — but when the television cameras are on (for the board meetings), it begins.”
After the mayor finished, Espersen read the proposed resolution. “It may work, it may go up in a ball of flames,” he commented.
As originally read, the resolution still contained a five-minute provision for group speakers. Brauchler objected: “Some people are going to stand up there and they’re going to go to three minutes, and they’re going to say, ‘But what I have to say is really important and I want the five minutes.’ Then they’re going to reach the end of the five minutes, and they’re going to say, ‘But you shouldn’t cut me off, because I’m special.'”
Ferguson commented that village government can have people arrested for government disturbance, or banned from meetings. “I’m not suggesting that. I’m not taking it off the table. … my point is, that is a legal option that is available to us.”
Espersen said he was fine with Brauchler’s suggestion to cut the five-minute provision and the resolution was amended. Espersen read the amended resolution and the trustees approved it.



