Rules on conduct receive initial approval

Portland City Council took the first step toward setting up clearer guidelines for public comment at its meetings.

Council on Monday approved an ordinance on first reading that details how to get on the agenda, sets up time limits for comment and includes a procedure for removal from meetings.

It will need to be approved on second reading before it goes into effect.

“Where did this come from?” asked council member Ron May in leading off the discussion about the ordinance.

Portland Mayor Jeff Westlake responded that it is an effort to set up guidelines for conduct during meetings.

Council member Dave Golden noted that the current city ordinance addresses the issue in a less-detailed manner. It reads: “No person shall use violent or contemptuous language, behave in a disorderly manner, or refuse to obey the orders of the Mayor or President Pro Tempore in the Council Room while the Common Council is in session.”

The ordinance as approved on first reading Monday lays out the following for public participation in city council meetings:

•Anyone interested in addressing the council should contact the clerk-treasurer by the Wednesday before the meeting in order to be added to the agenda.

•Individuals speaking in favor or opposition of a matter being presented will be limited to five minutes.

•Presenters may be limited to three minutes in situations in which a large number of individuals are in attendance in order to allow everyone a chance to address the council.

•The council reserves the right to deny an individual the ability to comment following a warning from the presiding officer if the individual is behaving in a manner the council deems inappropriate. An individual may also be removed from the meeting on the third warning.

(The full ordinance is available for review at thecityofportland.net.)

“In most cases, this is not necessary,” said Golden, who is in his second term. “There was one instance when it would have been a very nice ordinance, so I think it’s proactive for the most part.”

Council members Kent McClung, Michele Brewster, Ashley Hilfiker, Ron May and Golden, absent Matt Goldsworthy and Mike Aker, approved the ordinance.

The ordinance, McClung pointed out, follows the structure set up by State Rep. J.D. Prescott’s House Bill 1338 that was approved this year. It creates a structure for local units of government to establish rules for public comment during meetings, including restrictions on time. It sets up a “three strike” procedure — two verbal warnings followed by removal — for enforcing those rules and clarifies that law enforcement officers can’t be held liable for removing individuals from those meetings.

Council members also approved increasing the required deposit for water service to $150 for meters 1.5 inches or smaller. The current deposit is $100. (The change will only affect new customers.)

In other business:

•May asked a question about the possibility of providing funding — he suggested $100,000 — for a grocery store, saying he has an interested party with Save-A-Lot. Both the mayor and clerk-treasurer suggested that economic development income tax (EDIT) funds would likely be the most appropriate source. Requests for such funding start with a review by the city’s EDIT advisory board before coming to the council for approval.

•Council tabled a request to spend $9,000 to hire Charles Braun, a former Indianapolis Law Enforcement Academy staff attorney and law instructor, for consulting services to review the police department’s standard operating procedures, rules and regulations, make recommendations and create a new comprehensive document. 

“Our current rules and regulations, SOPs and ordinances need to be updated to align to state statutes,” said Portland Police Chief Dustin Mock. He said the process would take about six months. The request was tabled after May said he would prefer to talk with city attorney Wes Schemenaur before moving forward. (Schemenaur was not in attendance at the meeting.)

•Jay County Drug Prevention Coalition presented council with information regarding the planned recovery residence in the city. The coalition and IU Health Jay last week announced a partnership for the new facility, which is planned for the house at 422 W. Votaw St., Portland. IU Health Jay has agreed to donate the property for the project. The facility’s intake policy once opened will include an extensive application and interview process, drug screening and a trial period. New residents will have their rent supplemented through Indiana Family and Social Services Administration. Once employed, residents must pay weekly rent. They also have to follow the facility’s rules and complete chores. Council members thanked coalition members for their work and praised the cooperative effort between the coalition and the hospital.

•May said he has continued to hear complaints regarding Spruce Alley, which runs east-west connecting Meridian and Commerce streets just south of Bricker Auction Company, being blocked by trailers from the business. Chad Bricker explained that he was under the impression that the alley had been vacated, but that is not the case. He said communication regarding concerns would go a long way and that his business is happy to address whatever issues may exist.

•Westlake asked council to think about the possibility of adding stop signs to create four-way stops at the intersections of Middle and Water streets, Pleasant and Race streets, Arch and Pleasant streets, and Race and Park streets and Meadow Lane, and a three-way stop at the intersection of Water Street and Blaine Pike. Council members suggested having the city’s board of works and police departments weigh in before any action is considered.

•May asked a question about tall grass. Portland Police Chief Dustin Mock said any complaints that have come in have been taken care of quickly.