Attack of the Silencer (a.k.a. First Amendment Squasher)
Those of you who attended the Wednesday, August 12 IACC advisory board meeting saw a new face at the table: Erin Pratt. Ms. Pratt is the assistant to the director of public safety. Her role at IACC board meetings is not known, and not described in the ordinance. But at the August 12 meeting, she was The Silencer. She sat quietly throughout the entire meeting until the public comments. When a lady named Joanne Brizzett (sp?) stood up and began to speak, Ms. Pratt sprang into action.
I would recommend that you watch the video yourself. Move the little progress bar on the video player to 41:00 (roughly), although if you didn't attend the meeting, I would suggest watching the entire meeting.
Here is what I heard:
Joanne: "Good evening. My name is Joanne Brizzett, and um, I'm here to, uh, in response to the article that was in the Indianapolis Star this morning, and I would like to, uh, go on record as being one of many, hopefully those in the majority, who support your work..."
Pratt: "WHOA! I'm so sorry."
Joanne: "I can't say that?"
Pratt: "No you cannot."
Joanne: "I appreciate that, I'm sorry..."
So what did Joanne say that required her to be gagged by Pratt? She was offering her opinion, as is her right under the First Amendment. But for the official perspective, I asked Adam Collins who is the Corporation Counsel attorney assigned to monitor IACC board meetings and keep them within the legal boundaries as outlined by ordinance. Mr. Collins indicated that Joanne's comment was out of realm of comments the board could hear, based on the statement Mr. Collins made at the beginning of the meeting, where he outliined what was permissible. In the video, Mr. Collins' explanation appears at about 2:00 minutes into the meeting:
"Today, the board is authorized by ordinance to hear public comments regarding the decision of a public entity concerning the animals or any concerns about animals in general. Any concerns or comments regarding individual employment or personnel issues are not relevant to this board's authority, germane to the conversation. We request in advance that those types of comments not be directed to this board."
Let's assume for a moment that Mr. Collins' statement is an accurate description of the ordinance that governs the IACC advisory board. Did Joanne violate this rules? Let's look at what Joanne said before she was cut off:
Good evening. My name is Joanne Brizzett, and um, I'm here to, uh, in response to the article that was in the Indianapolis Star this morning, and I would like to, uh, go on record as being one of many, hopefully those in the majority, who support your work...
Was Joanne addressing an "individual employment or personnel issue", or was she expressing concern about animals? Well, since Joanne never completed her sentence, we will probably never know. Perhaps Ms. Pratt was placed in that position because she is gifted with the ability to know what people are saying before they say it? Perhaps she is a psychic? An exceptionally talented mentalist?
But wait, what does the law really say about the purpose and authority of the IACC advisory board?
Sec. 251-331. Establishment.
The animal care and control board is hereby established
to help identify the problems and needs of animal care and control in
the city, to suggest answers and to recommend solutions to these needs
and problems, and to educate the public regarding the care and
ownership of animals
Okay, but I'm sure Mr. Collin's rules are mentioned a little further down. We'll skip over the part about board membership requirements, voting and quorum information in 251-332 & 333 (but please do follow the link and see the ordinance in its entirety):
Sec. 251-334. General powers and duties.
It shall be the responsibility of the animal care and
control board to insure that activities of animal care and control are
meeting its mission statement, to help identify the problems and needs
of animal care and control in Marion County, to suggest answers and to
recommend solutions to these needs and problems, and to educate the
public regarding the proper care and responsible ownership of animals,
and to make reasonable efforts to ensure that sufficient funds are
appropriated for the proper and necessary equipment and personnel, and
upgrades thereof, proper and efficient performance of the services, and
work required of the division consistent with the animal care and
control board's policies and procedures.
Well, I think maybe we're getting closer to finding Mr. Collin's rules...we must be because we're down to the last section:
Sec. 251-335. Specific powers, duties and responsibilities.
The animal care and control board shall also be charged with the following specific duties and responsibilities:
(1) To adopt, and if necessary, review and amend
rules and regulations for the efficient implementation of its policies
and procedures, as well as to ensure that the goals identified in the
mission statement of animal care and control are fulfilled;
(2) To allow any person who feels aggrieved at a
decision of a public entity concerning animals, or who wishes to
express a concern involving animals, to file a written request for
consideration of such grievance or concern with the chairman of the
animal care and control board, who shall place such request on the
agenda of a meeting of the animal care and control board. At the
meeting, the animal care and control board shall hear the request and
take appropriate action;
(3) To make recommendations to the director and/or
the council regarding establishing standards for the care, disposition,
treatment and control of all animals within Marion County including,
but not limited to, increasing the adoption of animals and establishing
criteria for the adoption of animals, establishing education and
community outreach programs for the animal care and control division,
establishing and enhancing a county-wide, "one number to call" lost and
found service for pet owners, establishing and administering a
not-for-profit fund for which charitable donations can be made by
citizens on behalf of animal care and control, establishing
certification and/or educational requirements for employees of animal
care and control, and encouraging responsible pet ownership, including
the spaying and neutering of pet dogs and cats;
(4) To draft and adopt the mission statement for the animal care and control division;
(5) To receive and review monthly reports from the administrator concerning:
a. The numbers of investigations conducted by animal
care and control officers, the circumstances involved, the status of
such investigations;
b. The numbers of animals taken into the shelter, the
reasons therefor, the dispositions of such animals (i.e., retrieved by
owners, adopted, euthanized, etc.);
c. The status of programs designed to implement the mission statement of the animal care and control division;
d. Fiscal operation and budgetary needs; and
e. Such other information as the animal care and control board shall from time to time request; and
(6) To submit to the council, the mayor and the director annual reports of its activities and operations.
I'm no attorney, but I am fairly well versed in the English language, and I don't see any such prohibitions that Ms. Brizzett violated. Nor do I see the place that says First Amendment rights are suspended, subject to the interpretation of The Silencer during IACC board meetings.
Write:
Mayor Greg Ballard
City-County Bldg, 2501
200 E. Washington St.
Indianapolis, IN 46204
Chris Cotterill
Office of Corporation Counsel
City-County Bldg, 1601
200 E. Washington St
Indianapolis, IN 46204
Remember when writing to be factual and professional. State your concerns and the people involved as clearly and succinctly (and respecfully) as possible.
