Town Board has new comment policy

Residents still have five minutes to speak, but could be escorted out if they go beyond their time

DELMAR — The Bethlehem Town Board has established written guidelines for residents to follow when approaching the microphone at its meetings.

The Town Board has a new policy in place to regulate public comment periods during its regular meetings. Town Supervisor David VanLuven said it aims to ensure equal and respectful participation from community members.

“Members of the public have a wide range of options for communicating with Town Board members and the Town Supervisor, including emails, telephone calls, and in-person meetings,” VanLuven states in his memorandum. “This policy will help ensure that the Public Comment periods during regular Town Board meetings are conducted according to reasonable rules and procedures and that members of the public are treated equally, with consistency, and with fairness.”

Open Meeting Law does not obligate municipal boards, including school boards, to provide time for residents to speak. It’s long been a courtesy, one captured by Norman Rockwell’s “Four Freedoms,” a series of four paintings created in 1943 that were inspired by President Franklin D. Roosevelt’s State of the Union address delivered in January 1941. In his speech, Roosevelt outlined four fundamental freedoms that he believed should be universally protected. Rockwell’s paintings visually interpret these freedoms, including “Freedom of Speech” which depicts a man speaking at a town meeting, illustrating the importance of the right to express one’s opinions openly and freely.

“The Town Board encourages public participation and values community insights and ideas on issues, so at its discretion has long included a Public Comment period in its regular meetings,” VanLuven stated.

Attendance is often sparse, but at times in which the agenda includes a hot topic, the public comment portion at the start of each meeting becomes popular. Under John Clarkson’s administration, each person was allowed two minutes to speak. That time has increased to five under VanLuven’s time in office. And, despite hearing those guidelines shared verbally at the start, some have been unrelenting.

In the recent past, residents have used the public comment period to draw the board’s attention to subjects in addition to agenda items, using the opportunity to be heard. But recent meetings have been accentuated by multiple visits to the microphone and long-standing speeches, at times going over 30 minutes.

In July, the Town Board took the unorthodox approach of calling a recess while Michael Carey challenged members to take action against the state Justice Center for the Protection of People with Special Needs. He was 10 minutes into a nearly 30-minute speech when Town Board members walked out, leaving VanLuven and Town Attorney James Potter to stay and listen.

Under the new policy, each speaker will still be allotted five minutes. The policy prohibits transferring unused time to others and limits each individual to one speaking opportunity per public comment period. Comments must be directed to the Town Board, not to the audience, and amplification devices and video presentations are not allowed. Speakers are required to use a microphone to ensure their remarks are recorded and audible to online viewers.

The policy also addresses audience behavior, discouraging displays of support or opposition, and grants the Town Supervisor or presiding officer the authority to remove individuals who disrupt the meeting. Written documents may be distributed to Town Board members but will not become part of the public record. The Town Board generally does not respond to questions during the Public Comment period, focusing on providing a platform for public input.

The policy aims to foster a respectful environment for public discourse while ensuring the efficient conduct of town business. The Town Board unanimously accepted the proposal on Wednesday, July 24.

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