Monday, May 16, 2016

Removing Disorderly Persons:

 State law does permit a presiding officer to order a person to leave a public meeting for unruly conduct and, if he or she does not leave, to order a constable or other officer to remove the person from the meeting [G.L. c. 30A, §20(f)]. While it may be tempting to do this at times, it is best not to, except under the most dire circumstances, and then only in consultation with legal counsel. Ordering someone removed from a meeting is fraught with the danger of a costly lawsuit and rarely worth the risk. There are several alternative steps a board can take rather than removing someone.

 The best is to take a recess. Rarely after a recess does the person continue his or her unruly behavior. Or, a police officer can be called in to speak to the person about being disruptive, which usually has the effect of restoring calm. When all else fails, the board should consider adjourning the meeting to another date. While a board may not want to appear to have backed down due to someone’s conduct, the wiser path is to avoid a controversy.

The above is from the pages of the newest edition of the Handbook for Selectmen. I think they should all read it, especially John Columbus.

Jeff Bennett

1 comment:

  1. Julie was asked to leave a Selectmen's meeting because she did not agree with John Columbus's feeling that free cash should be used to balance the budget. She said that was what got us in trouble and she was right. That is why we have no bond rating. A person should not be asked to leave a public meeting because they disagree with the member of any board.

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