After Don Schoenberger and CeJay Marshall gave their opposing viewpoints on whether the Van Buren Township 6.5 public safety millage on the Nov. 3 ballot was a good idea, Trustee Jeff Jahr spoke up. This was at Tuesday’s regular meeting of the VBT Board of Trustees. Schoenberger and Marshall spoke under the “Non Agenda Items” part of the agenda.
“We don’t want to have debates on the millage at every meeting,” Jahr said, noting the board did what it thought was right in approving the proposal and if people want to be for it or against it, they could, but not at the township meetings.
He asked Supervisor Linda Combs to put in some rules on that.
Combs complied: “We will not discuss the millage at our meetings!”
But Trustee Reggie Miller said people have the right to give their comments under “Non Agenda Items.” Clerk Leon Wright agreed with Miller but suggested Combs get an attorney’s opinion. “We [board members] can’t promote the millage, but they [the public] can talk about anything they want.”
Trustee Brenda McClanahan said the people have the right to speak their minds. It’s Freedom of Speech, Miller and McClanahan agreed. Combs said she would contact the township attorney and Michigan Township Association for guidance.
Freedom of Speech at risk in VBT?
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2 Comments
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You know what, this township board is starting to really get on my nerves. They don’t like that people are being vocal and not adhering to their recommendations. Do they not understand they can’t be increasing taxes telling us its for one purpose then using the money for another purpose? This just feels wrong and I am not having it. What now, they want to remove our freedom of speech? Yes board, please confer with your lawyer and she/he will tell you this is a bad move. You will rile people up much more than they are now. Do not take our rights away, you won’t like the revolt.
Many VBT residents feel strongly about the purpose of the Public Safety Millage increase and the true purpose of the millage, using the money to basically fund the Visteon Bond payment. We attend our VBT Board meetings to voice our opinion. Unfortunately, the powers that be want to prohibit the residents from addressing this controversial topic. I believe this will violate our residents First Amendment rights.
Do our township officials want to limit our residents “freedom of speech” rights because they want to suppress the message.
Michigan government meetings are open to the public in accordance to the Open Meetings Act and reserve a “public comment” time for residents commentary on issues. The 9th U.S. Circuit Court of Appeals explained in its 1990 decision White v. City of Norwalk: (ironic) “Citizens have an enormous First Amendment interest in directing speech about public issues to those who govern their city.” The meeting is a public forum during which free-speech rights should be protected.
Do some elected officials on the Board want to suppress the speech and silence the residents because of the content of their speech. This raises concerns of censorship. VBT elected officials may not silence speech because it criticizes them. They may not open a “public comment non-agenda” period up to other topics and then carefully pick and choose which topics they want to hear. VBT should not even silence someone because they consider the residents non productive to their agenda.
When a government offers a “public comment non agenda” period at an open meeting, it provides that concerned residents may exercise their First Amendment rights. VBT officials can impose a time limit, outlaw profanity, irrelevant comments and other restrictions on inappropriate speech. However, whenVBT elected officials create a public-comment non agenda time for the meeting, they have created a public forum in which greater free-speech protections apply. VBT may not silence speakers on the basis of their viewpoint or the content of their comments. VBT must treat all speakers equally. VBT Board of Trustees must live up to the words in the First Amendment.
Van Buren Township Elected Officials will be wasting our taxpayers hard earned dollars by asking for an Attorney’ opinion.
Former VBT Supervisor
Paul D White