Question from a reporter:
The Port Chester Board of Trustees appointed an Advisory Form-Based Code Study Committee at their last meeting.
When I went to write about it, I was taken aback by the following section, which states:
“Each member shall not appear at a public meeting or provide public comments, as a member of the committee or as a citizen, to at any time criticize, question, comment or provide insight about the Board as to its actions on any matter related to the charge of the Committee, unless directed by the Board.”
Another distressing but not as egregious section of the resolution reads:
“Members of the committee “shall each acknowledge that they will serve to the best of their ability, fairly, honestly and impartially, without regard to personal employment or financial gain, without regard to their own social or political position or beliefs and without regard to their own personal and familial benefit, and each shall acknowledge that such service is at the pleasure of the Board and in a strictly advisory capacity.”
I would appreciate your opinion on this.
Thanks for contacting me.
Attached is a resolution I found on the Port Chester website, which I assume is the item you are referring to?
I applaud the Port Chester Board of Trustees for conducting their Form-Based Study Committee meetings with public notice, in public, with meeting minutes and their interest in receiving public comment. Too many local governments conduct advisory committee meetings behind closed doors, without public notice and without the taking of meeting minutes.
The following language contained in the resolution is unusual and of concern to our organization:
“Each member shall not appear at a public meeting or provide public comments, as a member of the committee or as a citizen, to at any time criticize, question, comment or provide insight about the Board as to its actions on any matter related to the charge of the Committee, unless directed by the Board.”
There should never be an effort by government officials to muzzle the ability of citizens to question, criticize or comment regarding any issue. People have a First Amendment right to speak and this important right should not be restricted because one is willing to dedicate their time as a member of a Village Committee. People are rightfully passionate about zoning issues and it is important that all voices and opinions be heard, including the members serving on the Form-Based Code Study Committee.
In regard to the other language that you asked about, I see no problem asking each Committee member to acknowledge that they will serve to the best of their ability, fairly, honestly, without regard to personal employment or financial gain, without regard to their own personal and familial benefit and that they serve at the pleasure of the board and in a strictly advisory capacity.
I do have concerns about requiring Committee members to acknowledge that they will serve impartially without regard to their own social or political position or beliefs. People have a right to their own opinions and beliefs regarding zoning issues, which is why they are interested in serving on a zoning committee. It makes no sense and is simply wrong to think that people must check all their opinions and beliefs at the door, when joining a Committee regarding zoning.
The two paragraphs cited above impose an improper gag order on Committee members and a new resolution should be passed with the language referenced above removed.
Port Chester Trustees should welcome questions, criticism and comments from all, which is what allows Democracy to thrive.
Thomas Jefferson said it best “No government should be without critics. If its intentions are good then it has nothing to fear from criticism.”
