USA Today Network
By Sheldon Gardner
9/27/2023
Lindsay Pate of Ormond Beach was fired up about the prospect of a huge fuel terminal being built just outside her city. She is opposed and she wanted the Volusia County Council to know about it. She singled out District 4 Councilman Troy Kent during a recent meeting.
“Combative, aggressive, ready to fight, or eager to fight and pugnacious. Troy Kent used this description of a citizen when they inquired for more substantial answers”―
Kent quickly interrupted, saying under county rules, “all comments need to go to the entire council. Ms. Pate doesn’t know the rules of this elected body, obviously. I’d like to help her and this council. No. 4 says all comments shall be directed to the council as a whole. Comments should not be addressed to a single member of the council or to county staff members.”
Pate shifted gears and said “someone” described a citizen when they inquired for more substantial answers as to why we are in this position and how we will get out of it regarding the fuel farm.
Rules of order or censorship?
At least one other speaker also avoided naming Kent during public comment after watching what happened with Pate.
Pate said her comments were not directed to Kent but to the council overall, and she said she was disappointed with how he handled the situation.
“I felt censored,” she said.
Elena Krafft, another Ormond Beach resident who is advocating against the fuel facility, spoke that night after Pate. She said after seeing the exchange between Kent and Pate, she changed her public comments.
“What I kind of took from it is that we couldn’t say his name,” she said.
Kent said in an interview with the News-Journal that he believed Pate was speaking directly to him and not the council as a whole. That, he said, is what he was trying to correct. Kent said it wasn’t his intent to keep people from criticizing him by name, but that is how Pate, the other commenter and the county chairman said they perceived his actions.
Rules of order
Kent cited part of the Volusia County Code during the meeting. The code says that “All comments shall be directed to the Council as a whole. Comments shall not be addressed to a single member of the Council or to County staff members.”
The policy, even when there’s no confusion surrounding its application, is problematic, according to the leader of a First Amendment advocacy group who said rules like the one held by the Volusia County Council and other local government boards go too far in restricting speech.
Pate’s comments focused on the proposed Ormond Beach fuel storage and distribution facility at 874 Hull Road near U.S. 1. The facility would be in an area with homes, businesses, an airport, and a recreational complex used by children.
Pate is one of many residents seeking answers on the project. She raised concerns about how Kent responded to questions at a town hall he held.
“I am more than fine with anybody having an issue or criticizing anything that I say or do. I just want us all to follow the rules,” Kent said later.
Council chairman questions interruption
Volusia County Council Chairman Jeff Brower, said he thought Kent’s concern was off-point.
“I don’t think Councilman Kent got it right that time,” Brower said. “The rule is that the speakers have to address the entire council. … That doesn’t mean that they can’t criticize me or anyone else or mention us in their comments favorably or unfavorably. That’s a violation of the First Amendment. What they don’t do is directly speak to Troy Kent or anybody else and direct comments to them and elicit a response.”
Brower, as the chair, has the power to deny the point of order that Kent raised. He said he should have addressed the issue immediately and will if it comes up again.
“It did have a chilling effect on speakers,” he said.
Brower said he asked the county attorney for clarification on the rule.
Not in line with state law, First Amendment
Volusia County Code has a section called “Public participation and opportunity to be heard.” It covers procedural issues such as when the council must hear public comments and how much time people get to speak, as well as rules of decorum and other issues.
The same section includes the rule about directing comments to the council as a whole and not to an individual council member or county staff member.
The rules are intended to help the council conduct the meetings in an “orderly and efficient way,” according to the code.
Clayton Jackson, Volusia County government spokesman, said via email that it’s common for local governments to require that speakers direct their comments at the chairperson or the entire council. He said it’s part of keeping decorum.
“The policy is not utilized to prevent criticism of individual council members; it simply acts in the public interest to maintain order within the interactions between the Council and the community,” Jackson said.
He added later, “Members of the public have the right to mention a County Council Member or staff member by name, provided it’s evident that their comments are directed toward the entire elected body.”
Other governments
The city of Daytona Beach City Commission allows people to speak on any topic during general public comment. But people are not allowed to make any “personal attacks” against the City Commission, city staff or other members of the public.
The First Amendment Foundation is a nonprofit advocacy group in Tallahassee that works to protect free speech and the public’s access to government records and meetings.
Bobby Block, executive director of the foundation, said other local government bodies have adopted rules that limit how people can address their local government bodies. Rules that limit who a speaker can talk to go against state law and the First Amendment, he said.
“You can’t start saying you can’t ask questions of individual board members. … There are many counties, municipalities and state boards that have adopted similar language, and it’s not kosher,” he said.
State law allows for limited rules for public comment periods.
Block said sometimes people feel entitled to say something discourteous to an elected official. But the U.S. Constitution protects even impolite or ugly speech.
“While it may not be pleasant, it’s in the DNA of our country,” Block said.