The Schuylkill County Commissioners tabled a motion Wednesday that would limit public comment.

Commissioner Barron “Boots” Hetherington motioned to approve, which was seconded by Commissioner George Halcovage Jr.

However, Halcovage added he wanted the motion tabled until next week. All commissioners voted to table.

County solicitor Alvin Marshall would not say why the motion was drafted.

“We are not attempting to take anyone’s free speech away. All this is a method of keeping things in a civil manner,” he said.

The proposed motion sets guidelines for public participation, and among other things, required those participating virtually to submit their comments to the county clerk in writing within a specified time frame. Another section says “other than by county clerk for the sole purpose of preparation of the meeting minutes, there shall be no recording of the meeting either by video or audio unless the person making such a recording first discloses that a recording is being made to the chair.”

Melissa Melewsky, attorney with the Pennsylvania NewsMedia Association, said previously the changes are “inappropriate barriers to access” and “unreasonable.”

She said the Sunshine Law permits the recording of public meetings, which a Zoom call would be. Notice is not needed when recording at a public meeting, she said.

Public voices opinion

“You never bridge free speech,” Schuylkill County Clerk of Courts Maria Casey said.

She said the motion is “outrageous.”

“The public is now weighing in, and we will continue to do so,” she said.

“You are not going to silence the taxpayers of Schuylkill County,” resident Jeff Dunkel said.

All three county commissioners said they read the proposed motion.

Reason for change

Hetherington said after the meeting the changes mirror ones implemented in Berks County. He has spoken to Christian Leinbach, chairman of the Berks County Commissioners, about how the county addressed comments by the public.

He said the Berks County Commissioners also have public comments that can be sent by email. A review of the April 9, 2020, Berks County Commissioners’ meeting minutes indicates public comments can be emailed to Comments@DES.com.

“All comments received will be read at the appropriate time with three minutes limit per comment and a total of 30-minute period being observed.”

Hetherington said commissioners are not attempting to limit the public, but want to have an orderly meeting.

“We encourage that (comments). I want feedback,” he said.

As chairman, Hetherington decides what is put on the agenda. He included the motion so residents can view the changes.

“The idea was to be transparent,” he said.

Hetherington said the goal isn’t to protect Halcovage, who the county’s solicitor’s office and human resources office investigated and determined that Halcovage violated three county policies, sexual harassment, conduct and discipline and verbal and physical abuse. The investigation determined that if Halcovage was an employee he would be suspended and recommended he be terminated.

Halcovage has denied the accusations against him.

Schuylkill County District Attorney Michael O’Pake referred the matter, because of a conflict of interest, to the state Attorney General to determine if criminal charges should be filed. O’Pake has said it would not be proper to get involved because he is a county employee.

Hubric Resources, the firm hired by the county to provide interim human resources support, is taking an additional look at the investigating involving Halcovage by doing a performance audit of the past investigation.

“I’m not doing it to protect George. If I wanted to protect George, I would say I would limit it to public agenda items only,” Hetherington said.

Hetherington has tried numerous times to remind people to speak appropriately in their comments.

“When you call up making personal attacks, gossip, name calling and unfactual information and do it after meeting, after meeting this is not what the commissioners board of public comment is for.”

Halcovage declined to comment on the motion except to say he read it.

Hess agreed decorum is lacking at times.

“You have to have a decorum,” he said.

He expressed concerns about requiring the written comments.

“I don’t like the written comments. Where are you going to make the cut?” he said about what to include.

He said there should be “no difference” between comments made in person and those by virtual means.

Hetherington said those attending the meeting are there for county business. A resident questioned why some people were permitted to attend.

“The general public is not permitted to be here because of the virus,” Hetherington said.