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Dickinson board must resolve Open Meetings Act issues

Under Michigan’s Open Meetings Act, “a person must be permitted to address a meeting of a public body under rules established and recorded by the public body.”

Dickinson County Board allows two citizens’ times during its regular meetings — one near the beginning and one near the end — limited to five minutes per person.

During Monday’s meeting, as Jason Gibbs of Iron Mountain prepared to address the board, he was directed by Chair Dan Harrington to remove his cap while speaking.

Gibbs declined.

Harrington responded that Gibbs would have to remove his hat or “be asked to leave.”

It went on.

Gibbs said the order to remove his cap was “an arbitrary condition,” that his cap was permitted as long as it was not obscene.

Sheriff Aaron Rochon was called upon by Harrington to get Gibbs away from the speaker’s podium.

There was a back-and-forth, with Gibbs being told by Harrington and some audience members to follow the rules of decorum.

Gibbs, meanwhile, under watch of the sheriff, repeatedly asked which of the county’s rules he was failing to follow. He spoke, as well, in support of his First Amendment rights.

The confrontation at the podium concluded when Harrington decided Gibbs’ five minutes had expired.

Later, Commissioner Joe Stevens said the board needs to know going forward if it has the legal authority to force a speaker to remove a hat.

It seems that the statute may allow such a condition, but it must be “established and recorded.”

Perhaps, in the past, the county has done that. If not, if the board desires, it should do so now. Any delay invites more confusion, more confrontations.

Another Open Meetings Act issue that arose Monday concerns the conflict between meeting lengths and courthouse security. The courthouse entrance apparently locked automatically during Monday’s two-hour session, delaying at least temporarily the ability of the public to enter.

This, too, needs resolution before the county faces legal repercussions or the potential voiding of board actions.

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