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NHCS committee tightens public-comment rules to discourage personal attacks, adds options for board members to step aside
Summary
Committee revised a decorum policy to prohibit shouting, harassment and personal attacks, to direct public remarks to the board chair rather than individual members, and to note that a board member may excuse themselves if targeted.
The New Hanover County Schools policy committee on Sept. 11 voted to send amended courtesy-and-civility language to the full board that narrows the scope of permissible public comment and clarifies procedures for enforcement. Committee discussion centered on balancing First Amendment protections for speakers with the board's need to maintain orderly meetings. Members reviewed case law cited by staff (the meeting referenced "Davidson v. Rose" and the Loudoun County policy decision) and legal guidance that supports narrowly tailored rules restricting personal attacks where they would disrupt meetings. The committee approved several specific edits. The group inserted the phrase "newly revised, twelfth edition" after the reference to Robert's Rules of Order and added the word "harassment" so the prohibition reads, in part, "shouting, harassment, personal attacks, or other disruptive behavior will not be permitted." Members also removed a sentence that directly prohibited comments about individual board members and instead required that public comments be directed to the board chair. Committee members asked that the public-signup materials reflect the rules so speakers see expectations when they register. The amended draft also explicitly permits a board member to excuse himself or herself from the dais if targeted or if they feel it necessary. The committee discussed enforcement challenges, including the subjectivity inherent in judging when a comment becomes a disallowed personal attack, and noted that chairs' rulings have varied by meeting. Several members urged caution so chairs do not inadvertently chill lawful public criticism. The committee nonetheless concluded that content-neutral time, place and manner restrictions that require comments to be directed to the chair and that ban harassment are permissible. The committee approved sending the revised policy language to the full board by a 3-0 vote. The committee directed staff to update the public sign-up process and to include the new language on the public-facing call-to-audience materials so speakers are notified of expectations in advance.
