ROCKINGHAM — Residents wishing to address the Richmond County Board of Commissioners can now sign up a little later.
During the July 14 meeting, the board voted to extend the public comment sign-up deadline to 5 p.m. the Monday before a meeting, which is usually held the first Tuesday of each month.
The prior deadline of the Friday before the meeting was included in the board’s public appearance policy when it was revised in February 2022.
“I think it’s great that we’re extending the time, to allow people to see the items on the agenda,” said Commissioner Justin Dawkins.
Dawkins also asked the the timing of the public comment period be moved to the beginning of the meeting, to give residents an opportunity to address items that may be on the agenda.
A previous policy, in place for two decades, prohibited speakers from addressing agenda items.
Chairman Jeff Smart said placement on the agenda for the public comment period wasn’t part of the policy and could be changed by the board.
The policy change had not been updated on the county’s website as of July 17.
The board has yet to address First Amendment concerns with the policy made by multiple civil rights experts.
Representatives of the N.C. Open Government Coalition, The Rutherford Institute and the Foundation for Individual Rights and Expression have weighed in on portions of the policy they say creates a chilling effect on speech — even prior to its adoption.
One of the provisions of the policy prohibits “… matters or comments which are harmful, discriminatory or embarrassing to any citizen(s), official(s) or employees of Richmond County…”
“Banning speech that is ‘embarrassing’ to a county official (or anyone else) is laughably unconstitutional,” Aaron Terr, FIRE’s director of public advocacy, told the RO in 2024. “There is no First Amendment exception for speech that makes government officials feel bad. The prohibition on ‘personal attacks’ needs to go for the same reason.”
The first provision of the policy seems to have a requirement that speakers be residents or property owners in Richmond County.
The residency requirement was used against former county resident Taryn Masterson in 2024.
Before speaking, commenters are required to state their names and addresses.
Earlier this year, the Monroe City Council agreed to repeal a similar requirement, along with making other policy revisions, following a lawsuit by the Liberty Justice Center.
“A public comment period isn’t a cheerleading session,” Terr said. “It’s an opportunity for citizens to speak freely to their representatives, and it may well include sharp criticism of their leadership. The board should revise this policy. It’s a lawsuit waiting to happen.”
FIRE has also addressed similar policies adopted by the Hamlet City Council and the Richmond County Board of Education.
