Nazareth Area School District solicitor says time limit proposal within rights

FROM THE EXPRESS TIMES

A Nazareth Area School Board proposal to limit public comment at school board meetings won't violate the state Sunshine Law, according to the district solicitor.


"They are not in violation of any case law of the Sunshine Act or anything that I could find," solicitor Gary Brienza said Monday. "It is my opinion they are legal."


Brienza said it is up to the board to regulate public comment at meetings.

Bushkill Township resident Chris Miller, a school board candidate who is running uncontested in the November general election, blasted the proposal, saying it would violate the public's freedom of speech and should be thrown out.


"When I look at the amendment number one of the Constitution that says there's freedom of speech, it doesn't say there's a time limit on it," Miller said. "Benjamin Franklin was asked by a resident in Philadelphia if you lost all your rights except one which one would you save? Franklin did not hesitate, he said, 'Speech, because then I could get all of my rights back."


He added, "I hope you rethink it, I hope you do some research."


School board members say the proposal isn't to discourage people from speaking, but to run meetings more efficiently. Board members got the idea to limit public comments from a state training meeting for school officials.
"It is not to restrict any public participation," board President Lorin Bradley said. "This is directly from best practices feedback that we've had the opportunity to review."


The proposal, which the school board introduced last week, calls for limiting public comment to a total of 15 minutes each at the beginning and end of each meeting. If three people or fewer speak during one of the 15-minute comment periods, each one would get no more than five minutes. If more than three participants speak, those 15 minutes would be divided equally among them under the proposal.


However, school board members said they would waive the time limit if there is a higher turnout on a specific issue to allow additional time. Currently there is no time limit for members of the public to speak at either the beginning or end segment.

Superintendent Victor Lesky said it's important to allow everyone equal time to speak. He suggested creating a comment area on the district's website in which members of the public could share comments if they couldn't attend the meeting.


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He asked the public by Nov. 7 to e-mail him on suggestions that they feel the board should make on the policy.


The proposal initially included a provision that individuals needed to sign a request form no more than five minutes before the meeting begins in order to speak. School board member Darrell Crook previously argued he thought that would prohibit comments from people who wished to discuss an issue that does not come up until the middle of a meeting.


That provision has since been revised in the proposal that those who didn't sign in who want to speak would still be able to speak during the second public comment portion of the meeting, Lesky said.


Crook said closed-door meetings prior to regular meetings often run over into the start of the regular meeting at 7:30 p.m. He said the board needs to set a better example.

"If we're expecting the public to wait for us, then we turn around and tell the public you can only speak for one minute, two minutes, then we restrict them," Crook said.

School board member Linda McDonald said, "I think we've improved on that record."

Lesky said another option would be adjourning the closed session meeting for the regular meeting and then returning into closed session following the regular meeting.

Other school board members said they favor each member of the public speaking a maximum of three minutes each instead of dividing up the total 15 minutes.

School board members plan to discuss the measure further and vote on the proposal during next month's board meeting. However, the board could delay the vote if more discussion is needed, Lesky said.