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Board debates whether to remove 'harassment' from public comment bylaw
Summary
Trustees debated keeping or removing the word 'harassment' from bylaw 0167.3 (public participation) after Neola-recommended language to narrow the standard; some trustees warned the term is subjective and risks chilling speech, while others said presiding officer discretion in meetings must be preserved; the policy committee will draft language for a second read.
Trustee discussion at the March meeting focused on whether to retain the word "harassment" in bylaw 0167.3, which governs public participation at board meetings. The superintendent quoted guidance from Neola recommending narrower language "so that boards couldn't shut down unfavorable opinions" and to align the bylaw with a Sixth Circuit ruling.
Trustee Cindy Holder argued in favor of keeping the word to protect board members during meetings, saying the bylaws "are our protection during a meeting." Trustee Rebecca Chamblas and Trustee Chrisa McAlpine Taylor said the term is too subjective and could be used to silence speakers; Chamblas said that existing language covering "repetitive, obscene or threatening" comments is clearer and more enforceable.
Trustee Gloria Thompson and others noted the presiding officer has authority to manage meetings and that any enforcement would be the presiding officer's responsibility. The board discussed two draft phrasings: the original language that allowed the presiding officer to prohibit comments that are "frivolous, repetitive, or harassing," and Neola's proposal to allow the presiding officer to interrupt, warn or terminate participation when comments are "repetitive, obscene, or constitute a true threat."
Board members asked procedural questions about whether this item requires a formal vote and how to present language for a second read. The policy committee (Carlos Harp, Gloria Thompson and another trustee) was asked to provide recommended wording so the board can act at the next meeting.
Next steps: trustees were asked to send feedback to Superintendent Perry and the policy committee will draft recommended text for the bylaw's second read and potential approval.
