Ordinance on guns and levees resurfaces
February 22nd, 2012, 2:53 pm · 4 Comments · posted by bvandermeer
A much-debated ordinance regulating gun use on Sutter County levees resurfaced Tuesday night, with supervisors approving a revised ordinance and continuing the item to next week’s meeting for final adoption.
Under the revised ordinance, firing a gun would only be banned from the tops of levees, some designated areas would still allow it, and air guns and arrows would be exempt.
Gun rights advocates had balked at a more restrictive, earlier version of the ordinance, which was introduced at the request of Levee District 1. Others pointed out such restrictions are already in effect for some levee areas, and Supervisor James Gallagher cited those facts as a reason he opposed the item, which passed 4-1.
According to the board agenda, the item will be heard for final adoption next Tuesday. At least one person at the meeting had submitted a card to speak on the issue, but for unclear reasons, the board did not solicit public comment on the topic at the meeting.
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It would be interesting to see why public comment was not solicited even when a citizen asked to speak in the manner proscribed. I thought that the public has the right to address the board before a vote is called for?
Is it a legal public hearing if the public is not allowed to speak? Someone with a legal background should be commenting on this. But, it seems logical that if an ordinance requires a public hearing, the board requires a card be turned in to speak, then the board must honor that card. Maybe they need to go back and vote on this again before they can vote on final adoption. What say you, Ben?
The Board of Supervisors solicits comments on all agenda items and would not intentionally prevent someone from speaking on agenda items. Prior to the meeting, As he does each week, Board Chairman Larry Munger reminded those in the audience that if they wished to speak, to please fill out a card indicating which agenda items they wish to speak on. This system allows the Board clerk to get the correct spelling of a speaker’s name and alerts the Board chairman that someone wishes to speak on an item. There was no card submitted to the Board clerk indicating that anyone wanted to speak on Agenda Item 17, the item dealing with firearms and the levee. To Mrs. Miles’ concern about this not being a “legal public hearing”..it was not a public hearing per se (there are specific rules on how to conduct “public hearings”) it was an appearance item. The public does have the right to speak on appearance items and all other items which appear on the posted agenda, as well as the right to speak at any meeting on any matter within the jurisdiction of the Board of Supervisors.
Tuesday’s Board action was to introduce the ordinance. Fortunately, anyone wishing to speak on the issue about firearms and the levee has another opportunity on Tuesday, February 28, when the item comes up for final adoption during the 7 p.m. supervisors meeting at the Hall of Records, 466 Second Street, Yuba City.–Chuck Smith, Public Information Officer, County of Sutter
To take care of this potential problem have a system where it is asked if anyone wants to speak to do so BEFORE closing any/all agenda item(s). Sometimes one does not know if they want to comment when speaker cards are placed at meetings beginning.. For example, to decline if problem, concern or ? is addressed, Or to speak if there is a late breaking development or comment/lie you do not want to let stand. As a taxpayer I am used to being treated like dirt, having armed guards at BOS meeting to keep fear and silence, being intimidated, humiliated and ridiculed because I exercise my constitutional rights. Just the nature of the beast. I will say for the record that things are alot better. Stephanie Larsen, new CAO, has been fair and hasn’t brought back the armed guards Larry Combs had. This BOS is usually civil. Only once this past year or so did I break – at the budget hearing when I expressed concern over staffing at the animal shelter and how they worked so hard in abominable conditions only to get shot down in a malicious manner, heart crushed and silenced. Grand jury proved me right eventually although I was not the whistle blower, just love animals, BTW, there was arm waiving in the audience trying to get Chairman Munger’s attention. I know for a fact a minimum of one card had a generic comment keeping rights open to speak on any agenda item. Tape shows the public was not invited to speak.