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Brookside meeting visitors must remain orderly

T-L Photo/JOSIE BURKHART Brookside Solicitor Richard Myser discusses the pamphlet Mayor Richard Kurner presented to council last week that contains guidelines for public participation in meetings. Myser will write a resolution to make the rules official.

BROOKSIDE — Village residents visiting council meetings soon will likely be required to follow a set of guidelines for public participation.

During Brookside’s council meeting Tuesday evening, members discussed that they expect to start handing out a pamphlet to each visitor that contains guidelines for the conduct of both council members and guests.

Council discussed creating a resolution that lists the requirements for residents who wish to speak at council meetings, along with requirements for council members. Solicitor Richard Myser will write up the resolution and prepare it for council to vote on in the near future.

All council meetings are held at 6 p.m. the second Tuesday of each month at the village hall, 875 National Road.

“I’ve represented almost all the villages here in Belmont County. This is the first time I’ve seen a written set of guidelines,” Solicitor Richard Myser said. “I think this is very very good.”

The development of these guidelines comes from Mayor Richard Kurner, who said it was his decision after a few bad experiences with visitors. Members each had different takes on how the process should be conducted, but Kurner has been researching different village and city councils’ procedures to come up with a set of guidelines.

He said what he presented at the meeting gives clear guidelines that council members and the public should follow. The pamphlet also explains council’s duties and the different types of meetings it may hold.

Officials said village council welcomes resident participation at its regular meetings, which gives visitors an opportunity to address council. The agenda for each meeting is listed on the village’s website at brooksideoh.com. People can also contact council members through the website at the button marked “Governance.”

Among the guidelines list are:

Resident comments on agenda items during a meeting should be made at the designated time during this portion of the meeting. The speaker must be recognized by the presiding officer, which is the mayor or the president of council if the mayor is not there. The speaker must limit their comments to three minutes and, rather than asking for clarification by the presiding officer or a council member, discussion is limited to take place only among the council members after a motion had been made.

At no time will members of the audience be allowed to enter into a council discussion from their seats in the audience. If recognized by the presiding officer, an audience member will only be allowed to speak from the floor during the council discussion if the presiding officer believes their comments are germane and necessary or helpful for council to continue its discussion or make its decision.

Each speaker should only speak once unless clarification is requested by council.

If there is a planning item on the agenda that had a public hearing as part of the process with the planning commission, the presiding officer will not ask for public comment since the opportunity was made available at the public hearing. Council has the minutes of the public hearing so it can take those comments into consideration during deliberation. Comments are new information being presented outside the official public hearing that could open the door for potential litigation.

As for council workshops and work sessions, no agenda is required for a work session and no binding action may be taken. The purpose of a work session is to allow staff to present material and for council to have time to discuss issues in greater detail before it might take action on an item. Public comment is not warranted unless the chair recognizes a resident or interested party or if a council member requests that a resident be recognized.

During a public hearing, when an item requires it by statute, the presiding officer will open and facilitate the public hearing. Reasonable limitations on the number of speakers and time allowed to speak may be imposed by the presiding officer in order to keep the meeting moving. Public hearings are held to gather data and opinions from residents that facilitate the decision making by the village council.

For regular council meetings, the first opportunity for resident comment is listed on the agenda as “resident concerns.” This time is set aside for residents to address council about issues not on the agenda. As each agenda item is considered, the presiding officer will ask for comments from residents specific to the item.

Anyone wishing to address council must adhere to the following rules of decorum: Speak clearly from the floor; clearly state name and address; speak to council as a body, not to a particular council, staff or audience member; the presiding officer may request a group select a spokesperson to speak; any documents shared with council must be provided to the fiscal officer; reference staff by title and/or department; speakers may be directed to meet with staff to resolve the issue or to get their questions answered.

Other rules that apply are to speak in a civil and respectful manner by refraining from using profanity, language likely to incite violence or outbursts from the audience, language that is disruptive to the orderly process of the meetings. Guests may not engage in conversations with individual council members, make comments of a personal nature regarding others, shout, yell or scream.

Council members should refrain from dialogue with the speaker unless asking a specific question for clarification. This time on the agenda is not intended for a discussion between the council members and the speaker, and speakers will not continue to address council once they have been seated and will not engage in conversation with council members from their seats.

Council meetings are designed for members to discuss and make decisions on various items on an agenda. This agenda is introduced by the presiding officer. The presiding officer asks for a staff presentation or clarification of the staff report, the presiding officer may ask for comments from the applicant, ask if there are any residents wishing to comment on the item, and will call for a motion and second. Once a motion has been made and seconded, no additional comments will be heard from residents, and only council will discuss the issue from that point on.

Lastly, the rules of decorum for the audience include that meeting attendees will refrain from commenting, clapping, shouting, booing or performing other inappropriate and/or disruptive behavior. Visitors will refrain from private conversation during meetings and should not address council members in individual conversation or make comments to individual council members.

The presiding officer is responsible for maintaining order and decorum and will not allow a speaker to make inflammatory comments and can ask the speaker to sit down. If the individual does not comply, they may be asked to leave or, if necessary, be escorted from the meeting.

The presiding officer may allow more time for a speaker or make other judgments or limitations depending on circumstances.

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