LAKE WALES, Fla. — There was hardly a spare seat in the room as Lake Wales city leaders debated a controversial plan that critics think will severely limit public discourse at future city commission meetings.
Tuesday night, in a 3-to-2 vote, commissioners passed a resolution that will restrict who can speak during the public comment portions of future commission meetings, when they can speak, and for how long they can speak.
While some in the room supported the measure, many others showed up to make their disappointment clear to city commissioners.
“Is this really what you want for Lake Wales? Division? Anger? Discontent?” asked Juanita Zwaryczuk, one of the dozens opposing the resolution asked them.
According to Mayor Jack Hilligoss, existing city rules, enacted before he became mayor, already limit public comment to people who live within city limits and "owners of property or businesses within the City.” Additionally, those who live outside city limits but use city utilities are allowed to offer comments about the utility services only.
Tuesday, however, city leaders debated and ultimately passed a plan that reaffirmed that controversial rule and added other restrictions.
The resolution, first made public in December, originally called for reducing each speaker’s allotted time from five to three minutes and capping the entire public comment period at 30 minutes unless commissioners approve a single 15-minute extension. For agenda items that require a public hearing, speakers would be limited to one appearance at the podium.
The original plan also required speakers to sign up in advance by signing a sworn affidavit under threat of perjury.
The plan also gave the mayor wide, subjective discretion to cut speakers short. According to the resolution, the mayor or presiding officer “may regulate irrelevant debate or disruptive behavior which might cause the meeting to drag on interminably or deny others the right to be heard on the relevant subject matter.”
Mayor Hillgoss said he supported the changes in an effort to ensure future city meetings are more efficient and orderly.
“I haven’t heard any arguments that convinced me we’re doing anything that was bad government,” he told ABC Action News ahead of the Tuesday meeting.
But during both the Tuesday meeting and a previous meeting on Dec. 20, Hilligoss and commissioners heard from plenty of people opposed to the changes.
In the December meeting, Hilligoss paused the meeting and asked members of the public to temporarily leave the chamber because of outcry and reactions that he deemed disruptive. He warned one citizen that she could face arrest as she remained in the chamber in a show of civil disobedience against the rule change.
The Tuesday meeting was less combative, but the frustration from some in the audience was still apparent.
Charlene Bennett and other speakers denounced the change that would require speakers to sign a sworn affidavit before addressing commissioners.
“This is not a court of law, and why should we have to swear if commissioners don’t?” she asked.
She and others said they believed that change was meant to “intimidate” citizens from signing up to speak in the first place.
Other speakers mentioned that neighboring cities like Lakeland and Winter Haven have less restrictive rules and allow people—even those who live outside their cities—to address their commissions.
In an interview with ABC Action News, Tammy James, who’s also opposed to the resolution, pointed out that those who could be annexed into the city spend money at businesses inside city limits, drive on the city’s roads, work in the city, or send children to schools within the city’s boundaries should have a right to address Lake Wales commissioners.
“What our thoughts are, what our opinions are, what our recommendations are, good, bad, and indifferent, they need to be heard,” said James, who believes the rule changes will do nothing more than divide the city and prevent a free exchange of ideas.
After more than an hour of mostly public outcry during the meeting, commissioners did make a few key changes to the resolution before passing it in the 3-to-2 vote.
In one amendment, commissioners expanded the total time limit for public comment to 45 minutes with the option for 60 minutes if approved by commissioners on a case-by-case basis.
In a unanimous vote, they also struck the requirement for speakers to sign a sworn affidavit before offering public comment. Instead of the affidavit, they will be required to write their name on a signup sheet prior to each meeting’s start.
Despite the changes, citizens like James left disappointed.
James believes the vote will cause a political uprising and encourage more people in Lake Wales to become involved in watchdogging the commission’s actions.
