[Vision2020] Palouse Gets Refresher in Free Speech

[Tom Hansen]

Courtesy of today's (March 31, 2009) Lewiston Tribune by way of the 
Spokesman Review.

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Palouse gets refresher in free speech
State warns mayor against limiting comments during public meetings in town
By David Johnson of the Lewiston Tribune

PALOUSE - After receiving some unsolicited advice from Washington state's 
ombudsman on open government, Mayor Michael Echanove on Monday declared a 
resumption of free speech at city council meetings.

"Someone can always come in and say the mayor is a bonehead," said 
Echanove, who's been at the helm of this Whitman County town since 
2001. "That doesn't bother me in the least."

But prior to receiving a letter last week from Tim Ford, assistant 
Washington attorney general for government accountability, Echanove had 
protected paid city employees from public criticism.

"Some years ago," the mayor explained, "a person took off on an employee 
and was going at it. Afterwards, I was told that I should have clamped 
down on that."

But Ford, who could not be reached for comment, wrote in his letter that 
Echanove's ban has serious constitutional implications.

"The ability of citizens to voice their opinions about the performance of 
the public employees and officials who serve the public is one of the 
cornerstones of a free and accountable government," Ford wrote in the 
letter. "Particular criticism of government conduct may irritate the city, 
but such criticism is protected by the First Amendment of the U.S. 
Constitution, and ... the Washington Constitution."

Echanove said he plans to ask members of the city's policy and 
administration committee to review Ford's letter. But from his 
perspective, Echanove said, he's ready to accept Ford's advice, while at 
the same time asking citizens to maintain a level of civility in their 
criticism of paid employees.

Ford wrote that his letter was in response to a letter he recently 
received from the Boomerang newspaper, questioning the city's policy of 
prohibiting public comment on issues regarding city staff.

"So I stand corrected," Echanove said. "People can now bring any topic up 
in the open forum, including personnel."

Open forum, the mayor explained, was started a number of years ago as a 
means for citizens to bring up issues that weren't, or should be, on the 
council's agenda. "It's where anyone on the planet can come in and talk 
about anything they want," Echanove said. "I'm the one that put that 
there, just to have open communication."

Ford wrote any municipality that deliberately allows general public 
comment during it's meetings has, in essence, created a public forum for 
constitutionally protected free speech. "The city may not restrict speech 
it merely dislikes," Ford wrote. But the city may limit comment in 
a "neutral manner" by, for example, setting time limits.

People who become disruptive may be removed from the meeting under the 
state's open public meetings act, Ford wrote. And cities may adopt a 
policy that prohibits personal attacks such as insults, if they lead to 
disruption. But personal insults, Ford wrote, are not the same as 
insulting criticism. Moreover, case law prohibits cities from banning 
public comment on a particular topic.

Federal case law also underscores, Ford wrote, that the U.S. Constitution 
reflects a "profound national commitment" to the principle that debate on 
public issues must be uninhibited, robust and wide open. Such debate may 
also include "vehement, caustic, and sometimes unpleasantly sharp attacks" 
on government and public officials, Ford wrote.

"If the city allows a general public comment period at its meetings but 
prohibits comment on personnel issues," Ford wrote, "then the prohibition 
should be repealed."

Echanove said he has taken the legal advice to heart and wants to keep the 
open forum. "I like people to walk through the door and talk about 
anything. So right now I'd say anything is fair game."
  
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You know what this means, dontcha?

Item #3 on the Moscow City Council agenda . . . the item marked "Public 
Commentary" . . . is (as it always has been) an open podium for the public 
to air its grievances, whether that grievance is focused at a particular 
councilman or the city in general . . . provided the grievance is 
presented in a manner of civility . . . unlike the manner in which 
Councilman (and candidate for mayor of Moscow) John Weber addressed 
another council member a while back . . .

John Weber's idea of "civility"
http://www.youtube.com/watch?v=EVKtZJQZb9k

Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho
 
Join us at The First Annual Intolerista Wingding, April 17th, featuring 
Roy Zimmerman and Jeanne McHale.  For details go to . . .

http://www.MoscowCares.com/Wingding

Seeya
there.

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