Shhhhhhh! Meeting in session

New Hartford board considers limits on talking by residents


Observer-Dispatch
Posted Aug 22, 2009 @ 07:00 PM

NEW HARTFORD —

People planning to attend future Town Board meetings here should be prepared for more stringent rules on residents’ conduct.

Limits are proposed on talking during meetings and on subjects that can be addressed during the public comment period. The town supervisor would have the authority to boot a person who is not complying from the meeting room.

An initial draft of the rules would have barred use of still photography and limited the number of video cameras. But town officials say they’ve scrapped those provisions.

“The bottom line is to ensure the safety of our residents and town employees,” said Councilman Robert Payne, who is the sponsor of the legislation. “We’re taking a proactive stance.”

The new rules are not targeting any particular group of people, Payne said. But two individuals who have been questioning town government actions in recent years dispute that.
“I mean, there’s no way of proving it, but the whole thing makes no sense because there’s never been any problem,” said Cathy Lawrence, who attends town meetings, videotapes and photographs sessions and keeps a blog that’s often critical of town leaders.

Lawrence and Edmund Wiatr call themselves New Hartford Concerned Citizens. In April, town officials met behind closed doors to discuss security concerns and began locking the meeting building’s doors, citing incidents that posed possible threats against employees.

Town Supervisor Earle Reed said at the time that Wiatr had screamed at a town employee, which Wiatr denied.

The new legislation states that the entrance to the meeting building on Kellogg Road will be opened to the public no earlier than 30 minutes and no later than 15 minutes prior to the start time.

Referring to Lawrence and Wiatr, Payne maintained the proposal “has nothing to do with them at all.”

“In my opinion, they record all of the board meetings and record them in an orderly fashion,” he said. “Those folks have been very respecting of meeting protocol.”

Still, Councilman Rich Woodland Jr. said he has some concerns with the legislation and whether it limits people’s participation in town government.

“The way I see it, it’s a work in progress,” Woodland said. “There are too many unanswered questions.”

Asked if he thought the resolution is directed toward New Hartford Concerned Citizens, Woodland said it’s hard to tell.

“I would hate to think that was the motivation, guess you’d have to ask Bob since he’s the one who spearheaded it, what motivated him,” Woodland said.

Councilwoman Christine Krupa said there have been some “situations in the past that seemed to have escalated.”

Krupa wouldn’t elaborate, saying she wasn’t there to witness the incidents.

Reed, Town Attorney Jerry Green and Councilman David Reynolds did not return phone calls for this story.

Too much power?

Having a set of rules that outlines acceptable meeting conduct is “wise and good government,” said Robert Freeman, executive director of the state Committee on Open Government.

But some of New Hartford’s proposed rules could be simplified, such as a video camera clause that talks about the need for a camera to be tripod-mounted, Freeman said.

“What they should say — any person may engage in audio of video recording so long as the recording is neither destructive or obtrusive,” he said.

And instead of not allowing people to talk to each other during meetings, officials should limit the measure to instances of disruptive behavior, Freeman said.

In terms of the section of the resolution that gives the town supervisor the power to end a public speaker’s address before the allotted 5 minutes is up, Freeman said that should be a group decision.

“I would say with the approval of the town board, so that it’s not one person who is essentially making the rules,” he said.

Woodland agreed.

‘If there’s no a problem …’

If it’s not broke, don’t fix it.

That much sums up the sentiments from former New Hartford Town Supervisor Ralph Humphreys on the proposed resolution.

“If you’re introducing a law, there should be a reason. I guess my question to the board would be ‘What’s bringing this about?’ Humphreys asked. “The only reason for a regulation would seem there would be a problem. If there’s not been a problem, I don’t see the point of any more laws.”

As long as each side is allowed to speak at the board meetings, this type of regulation isn’t problematic, said Jennifer Carnig, director of communications for the New York Civil Liberties Union.

“So long as the board does not exercise viewpoint discrimination — that is, limit speech on a subject to only one side and prevent those who disagree from speaking out — the board is free to limit public presentations and organize its meetings as it sees fit,” she said.

Public hearing planned

The New Hartford Town Board will conduct a public hearing at 6 p.m. Wednesday. It will take place in the Community Meeting Room, Butler Memorial Hall, 48 Genesee St., New Hartford.

The purpose of the meeting is to consider taking of approximately 0.015 acres of the 6.99 acre parcel of land owned by National Grid located on or near Woods Highway. If adopted, it would allow necessary road and other public improvements in conjunction with the development of the New Hartford Business Park.

Councilman Robert Payne said the proposed resolution relating to conduct at town meetings could be discussed at Wednesday’s meeting.