Montgomery County Commission Votes To Expand First Amendment Rights Guaranteed In New State Law
Image Credit: Guillaume Paumier / CC
The Tennessee Conservative [By Paula Gomes] –
The Montgomery County Commission voted Monday night to expand First Amendment rights guaranteed in a new state law that went into effect July 1st.
Sponsored by Representative Elaine Davis (R-Knoxville), House Bill 448 was introduced in this year’s legislative session after Davis discovered that Tennessee was one of a minority of states that did not have a requirement to guaranteeing that the public could make comments at public meetings. Now law, Public Chapter 300 requires that governing bodies designate time for public comments at each public meeting.
During the legislative session, The Tennessee Conservative reached out to Davis’ office to ask for clarification on the bill. Our inquiry was forwarded to the Press Secretary for the House Republican Caucus Jennifer Easton who told us that though many boards or governing bodies were allowing public comment in practice or policy, it was not codified in T.C.A., meaning they did not have to let anyone speak.
“This bill requires governing bodies to give members of the public an opportunity to speak on agenda items,” said Easton. A follow up inquiry asking if members of the public wishing to address a governing body for a reason not on the agenda would be allowed to speak went unanswered.
This question was debated among Montgomery County Commissioners at Monday’s meeting.
Montgomery County Commission meetings had a policy in place already to allow public comments at all informal County Commission meetings – no comments were allowed at formal meetings or committee meetings. At these informal meetings, residents could speak on any topic that they found relevant. The new state law only guarantees public comments as they relate to the agenda of a meeting.
Montgomery County Commissioners were given the opportunity to vote to implement the new law with an amendment to expand the free speech of residents, allowing them to speak on issues unrelated to the agenda.
During discussion, Commissioner William Frye proposed an amendment to enable the public to speak freely and not be limited to an agenda during all public meetings of the commission.
Commissioner John Gannon said that the law should be implemented as written for fear that speakers would bring up topics completely unrelated to the business of the commission.
A second amendment was proposed by Commissioner Nathan Burkholder that would allow public comment on any issue during formal and informal County Commission meetings, while limiting comments to the agenda during any other county meeting. Burkholder said that constituents deserve to address the commission on topics they hold dear, regardless of it being on the agenda while also recognizing the need for meetings to stay on topic.
Burkholder’s amendment passed 15-5 with Commissioners Gannon, Harper, Leverett, Walker, and Woodruff voting against it.
With this amendment added, the resolution to implement Public Chapter 300 was voted upon with the commission passing it 14-6.
Montgomery County residents will now enjoy expanded freedom of speech beyond what the new law dictates.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
