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A resolution was adopted by the Board of Trustees of the village of Fredonia on June 23 prohibiting village citizens from publicly addressing their elected representatives at Village Board meetings.
The resolution was approved by Mayor Michael Ferguson and Trustees Paul Wandel and Ben Brauchler. Trustee LeeAnn Lazarony and Trustee Christine Cruz Keefe voted against the resolution.
Allowing village residents to publicly address their elected is a long tradition over many years permitted by previous Village Boards. It allows for a candid give and take between the resident and the Village Board members which a letter to the Village Board cannot provide. Addressing the Village Board in public also affords the opportunity for the Village resident and Trustees to inquire further into the resident's concerns and to elicit further information while all parties are present. A letter does not provide these advantages. It's also possible there will be no response to the letter.
Censorship of free speech by Village residents at Village Board meetings is a poor reflection on the Village of Fredonia government. This restriction on free speech has engendered much criticism in the Village. All local governments in Chautauqua County and most throughout the state allow public comments at Board meetings.
It has been alleged that the law does not require the public to speak at Village Board meetings; however, it's much more important to recognize that the law does not prohibit public comments at Village Board meetings. It's good government and important that citizens of the Village be allowed to address their elected representatives at public meetings.
The Village of Fredonia Board of Trustees should reinstitute the long-established practice of previous Village Boards in allowing Village residents to address their elected representatives at Village Board meetings. To implement this, the Village Board should adopt the following resolution at the next Village Board meeting.
WHEREAS permitting Fredonia residents to address their elected representative at Village Board meetings is consistent with the democratic principles of free speech embodied in the United States Constitution, and
WHEREAS the New York State Constitution guarantees that every citizen may freely speak his or her sentiments on all subjects and states that no law should be passed to restrain or abridge the liberty of free speech or of the press, and
WHEREAS free speech by Village residents should be permitted and encouraged at Village Board meetings even if that speech is critical of the Village Board's or elected officials position on any matter, and
WHEREAS it has been a long practice of the Board of Trustees of the Village to permit Village residents to address their elected representatives at Village Board meetings. This practice allows information and opinions of Village residents to be publicly heard by the Trustees and the public, and
WHEREAS this Board of Trustees recognizes that citizen input at Village Board meeting can benefit the welfare of the Village, and
WHEREAS 250 years ago our forefathers fought and died for the right of free speech and freedom of the press and the Village of Fredonia Board of Trustees believes these principles should continue to be fostered and encouraged and honored by the Village of Fredonia government,
NOW, THEREFORE BE RESOLVED that the Board of Trustees of the Village of Fredonia hereby repeals any restrictions on free speech by Village residents at Village Board meetings, subject, however, that such speech avoid any threats to the safety of the Mayor or Board members or disrupts the orderly conduct of the meeting. However, speaking with passion or criticizing public officials should not be considered a disruption and is considered protected speech, and
BE IT FURTHER RESOLVED that public comments from Village residents will be allowed at the beginning of the meeting to address any items on the meeting agenda or otherwise presented by resolution and that such comments be allowed before there is a vote by the Village Board, and
BE IT FURTHER RESOLVED that each resident shall be given three minutes to express his or her opinion, unless extended by the Village Board for further explanation from the resident which may be necessary to more fully explain and understand the resident's concerns, and
BE IT FURTHER RESOLVED that prior to the end of the Village Board meeting the Village residents shall also have the right to address the Village Board on any matters pertaining to the Village of Fredonia, subject to the same rules as set forth in this resolution for public comments at the beginning of the Village Board meeting.
A copy of this letter will be will be sent to the Mayor and Village Board. Sam Drayo Jr. is a Fredonia resident and previously served as village attorney.