THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, September 30, 1994 TAG: 9409300551
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY FRANCIE LATOUR, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: Medium: 99 lines
The Republican ``Leadership Team'' promised to target citizen exclusion from the government process when it ran in the May City Council elections.
But some now say the six-member majority went back on that pledge when it voted Tuesday to shut some citizens out of speaking at the city's most basic public function: weekly council meetings.
As a result, residents wishing to speak on nonagenda items will have to wait until the formal session is closed before venting their concerns about the affairs of the city. The cable television cameras will be turned off and city staff dismissed.
``I find it appalling,'' said Darryl Manzer, a Mill Pond Forest resident. ``This is the group of people that promised a more open City Council, saying they were willing to listen and act on our concerns.''
Two years ago, Republican council members John E. Allen and Robert T. Nance ran as an ``Open Door'' team, and campaigned against back-room decision making done away from the cameras.
``I really want to know what they're afraid of,'' Manzer said.
Those who passed the change in rules say there is no contradiction between their recent action and past promises to the city.
``This is not going to affect citizen participation or council's desire to listen in any way,'' said Councilman John M. de Triquet.
``The agenda comes first,'' said de Triquet. ``I think what citizens really want to see is a more organized way of hearing out deliberations between the parties involved.''
Vice Mayor Arthur L. Dwyer said the council plans to encourage residents to call members with individual complaints by advertising their phone numbers on the public access channel.
It also hopes to use the new position of the secretary of the council, held by Nance, to handle city response to nonagenda comments.
No detailed plans for carrying out these goals have been made yet, Dwyer said.
Even if those policies are enacted, said Mayor William E. Ward, they can't take the place of a recognized public forum.
``It's just a perversion of the democratic process to deny citizens the ability to address concerns that are important to them in the formal meeting of their representatives,'' Ward, a Democrat, said.
Legally, once the gavel is banged, any discussion between council members and citizens is a public meeting, not a formal session of council.
With no formal setting and no city staff on hand to answer questions relating to a problem, the council will not be able to take any action in response to a complaint, members said.
Councilman Alan P. Krasnoff, an independent, said the lack of television exposure will deprive the viewing public of the chance to learn from other residents' problems.
``In the age of electronics,'' Krasnoff said at Tuesday's meeting, ``TV is becoming extremely important in government communication. People learn from what their neighbors think.''
Manzer agreed there had been abuse of the podium by a few individuals, but said the council should be able to endure it.
``I listen to this one guy, and, yeah, I hate sitting through it,'' Manzer said. ``But that's what they're elected for. If they can't take it, they need to resign.''
Manzer said he and some dozen residents have contacted the American Civil Liberties Union in Richmond to investigate the legal ramifications of council's action.
According to David Drachsler, chairman of the ACLU's Northern Virginia chapter, angry residents would have little basis for claims of First Amendment violations.
``It's censorship because the citizens can't hear what you're saying,'' said Carl L. Burns, of Great Bridge. ``I call myself the council watcher, but everyone has the right to question how they spend our money and how they run the government.'' MEMO: LENDING AN EAR
What procedures do Hampton Roads city councils have for hearing
citizens on nonagenda items?
Chesapeake: After the council adjourns, citizens have five minutes to
speak on any nonagenda item. The session runs only 30 minutes.
Norfolk: Residents have three minutes each to speak on nonagenda
items before adjournment. There is no limit on how many can speak.
Portsmouth: Council allows speakers five minutes each before the
agenda to address nonagenda items. If the speakers exceed 30 minutes,
council can move to add remaining speakers to the end of the meeting
before they adjourn.
Suffolk: Residents have two opportunities to speak. The first is
before the agenda, for five minutes each or a maximum of 30 minutes.
Citizens who didn't sign up for the first can register during the
meeting for a session before the council adjourns. Late speakers get
three minutes each to address council, with no limit on the number of
speakers.
Virginia Beach: Residents must be sponsored by the Mayor or a member
of the City Council to speak on a nonagenda item. Speakers are limited
to five minutes, and speak before the council adjourns.
KEYWORDS: CHESAPEAKE CITY COUNCIL by CNB