When it comes to how state boards and commissions listen to Oklahomans, a famous line from a 1967 Paul Newman movie comes to mind.
“What we’ve got here is failure to communicate,” the captain of the prison camp says about Newman’s character in Cool Hand Luke.
Most boards and commissions governing state agencies don’t include a section for public comment on their agendas. And while it’s within their legal right not to hear from the public at meetings, the message it sends and the problems it causes constitute my birthday rant.
According to a 2002 attorney general opinion by then-AG Drew Edmondson, a public body is not required under either the Oklahoma Open Meeting Act or the First Amendment of the U.S. Constitution to provide an opportunity for citizens to express their views on issues being considered. However, a board may voluntarily choose to allow for such comments.
In 1999, Edmondson’s AG office also concluded that the Open Meeting Act is designed to enable citizens to be present and view the workings of government at open meetings but it does not require that citizens be allowed to participate or be heard.
Well, to borrow another movie quote from Clark Griswald in National Lampoon’s Christmas Vacation, if that isn’t the biggest bag-over-the-head, punch-in-the-face the people ever got….
We want people to be involved in government, but then when they make the effort to show up to comment at a state board or commission meeting, they’re treated like children who are seated at separate tables during family get-togethers — seen but not heard.
What would be wrong in allowing citizens to speak during public meetings? Sure, it might take some time, and board and commission members would have to remember not to respond to any comment that isn’t on the agenda so they don’t violate the Open Meeting Act. But even if it proved a bit inconvenient, it might build up goodwill, especially when many people seem distrustful of the government on multiple levels.
Look at what’s been happening the past couple of years with the Oklahoma Turnpike Authority. Citizens in Norman who are opposed to a turnpike expansion being built in their city formed a group, Pike Off OTA (also known as Oklahomans for Responsible Transportation) and sued the OTA, which has brought attention to their plight and picked up support from other Oklahomans who also oppose turnpikes.
These citizens tried twice to speak to the Council of Bond Oversight and were denied twice. The first time, in September 2023, the council approved $500 million in revenue bonds for OTA. The citizens returned in December when the council gave its approval for the OTA to issue nearly $1.2 billion in revenue bonds to fund more of its long-range expansion program and allow it to continue design work, property acquisition and construction on projects.
Opponents then showed up during the Feb. 4 OTA meeting to speak against the agency approving a resolution paving the way for it to condemn certain property, if necessary, along the Indian Nation Turnpike and the East-West Connector. They were not recognized to speak there either.
At the beginning of the meeting, as he usually does, OTA Board Chairman John D. Jones announced that public comments would not be taken.
“While this meeting is open to the public, there will be no public comments, as is the OTA’s longstanding historical practice,” he said.
After the board approved the resolution, several in attendance grumbled and spoke out objecting to the board’s action.
“No, this is wrong,” one said. “I’m a private citizen. I’m entitled to speak.”
Jones responded, “Excuse me. Sir, I [said] when I started the meeting, there would be no public comment.”
“I’m a private citizen,” the man reiterated. “I’m entitled to speak.”
Again, the public could be seen but not heard. Those interactions, or lack thereof, do little to improve communication and perhaps understanding between the public and its government. Instead, the brick wall put up by the OTA board seems to energize the Pike Off OTA group even more to find ways to speak out against turnpikes being built in east Norman and to oppose the agency in general.
Despite all the ruckus that has occurred since Ryan Walters was elected state superintendent of public instruction, the State Board of Education, which he chairs, still allows public comment. That’s a plus, but the execution has often been a mess. Multiple people have been arrested. Meetings are held in a room too small to accommodate those wishing to attend or speak. Rules for those wanting to speak change. People show up in lines often hours before meetings are scheduled to start, and media members are required to RSVP to make sure they have a seat. Surely, they can do better. It’s something the three newest members of the board should look into improving.
City councils often delay comment — plus, a fond farewell
City councils and school boards are better at allowing public comment, and most set some time aside on their agendas for people to speak. Unfortunately, those public comment times are often toward the end of the meetings, which means people who take the time to attend a public meeting have to hang around until the meeting is nearly over to speak on the item they’re interested in and before action is taken. It irritated one Edmond resident so much he filed to run for mayor partially because he was aggravated that the public comment period is the last item on the council’s agenda. (He finished last in the four-way primary.)
Forcing residents to wait until the end of a meeting to speak just adds to the stress in the room. Most people lack confidence as public speakers and are anxious about addressing a large group. Those on the council or school board are apprehensive about what topic might be brought up.
A disturbing incident occurred during a June 1983 Enid City Council meeting. The council was taking up an ordinance to change residential trash collection procedures, moving things out of the alley and to the curbs. The new curbside pickup required residents to bag their trash. About 100 people turned out for the council meeting, with about half of them wanting to speak against the ordinance. To prevent discussion from getting out of hand, the council that night adopted new rules of order requiring people to raise their hands to be noticed and to speak for no more than three minutes. Planning and zoning issues took up the first part of the agenda, and people against the trash ordinance had to wait nearly three hours to speak. One resident couldn’t wait any longer. During a pause in the meeting, he approached the council, which was not allowed, and began to speak. He was tackled by two plainclothes police officers and arrested on misdemeanor charges of disturbing the peace, resisting arrest and assault and battery.
That was nearly 42 years ago, and procedures allowing the public the opportunity to speak at city council and board meetings have hardly improved. However, kudos should be given to Oklahoma City Mayor David Holt, who is patient with people who sign up to speak at city council meetings. He reminds them each has three minutes to speak and suggests those speaking on the same topic should avoid repeating the same concern multiple times. That rarely happens, and the public comment period, which occurs at the end of the Tuesday meetings, can drag on.
People have to keep in mind they have a responsibility as well. They should be respectful, stay within the time limit and work together with others to combine their comments so the same complaint isn’t repeated over and over again. Failure to do so makes it hard to justify giving people the right to speak and allows boards and commissions to rely on the AG opinions that give them a pass.
Finally, you noticed I recalled an incident that occurred when I was a reporter in 1983. Yep, I’m older than dirt, and have been asked many times the past several years when or if I was going to retire. That time is now. I’ve enjoyed the past two years serving as managing editor of NonDoc, and I am grateful for editor in chief Tres Savage allowing me the opportunity to conclude my career as I began it: working in a newsroom and telling important stories.
Last fall, NonDoc promoted Bennett Brinkman to a new position of production editor, and we hired Andrea Hancock as news editor. While you may still see my byline from time to time, as of Jan. 31, I turned my reins over to their very capable hands. Please continue to support NonDoc by reading the work of its reporters and, if you can, by making a donation.
(Editor’s note: NonDoc Media will be hosting an event Monday, April 14, at Will Rogers Theatre to recognize the 40-year career of Michael McNutt. The event will serve as a fundraiser for NonDoc’s Sustainable Journalism Endowment, and those wishing to learn more about tickets, tables and ways to support can fill out this form.)
