CLARKSVILLE, TN (CLARKSVILLE NOW) – Freedom of speech was at the center of debate at Monday’s Montgomery County Commission meeting, and the conversation resulted from a new state law with mixed implications.

Public Chapter 300, which took effect on July 1, requires governing bodies, at each public meeting to designate time for public comments on matters on the agenda for that meeting.

Before the law was put in effect by the Tennessee General Assembly, Montgomery County Commission meetings already had public comment rules in place. However, there was a distinct difference: The public had the right to speak on any issue, instead of just topics related to the agenda. However, public comment was allowed only at the informal County Commission meetings, not the formal meeting or committee meetings.

Monday night, commissioners were given the chance to vote to implement Public Chapter 300, and instead amended the rule to enable the public to speak on any issue they please at commission meetings.

Conversation over freedom of speech

When the resolution was brought forth, Commissioner William Frye proposed an amendment to strike the provision that the public would be limited to topics on the agenda during all public meetings.

“This is my 11th formal meeting, and I’ve seen few speakers,” Frye said. “Most of them spoke on things that were off the agenda. Somebody told us to consider school choice; somebody talked about juvenile justice when we weren’t talking about it, and other topics as well. I was happy to sit and listen to each and every one of them, and I’m happy to do it moving forward.”

Commissioner John Gannon said he is not against freedom of speech, but the proposal opens a “can of worms.”

Gannon said he believed the law should stay as it is, where the topic has to relate to items on the agenda. Otherwise, public speakers could discuss anything, perhaps Braves baseball.

Gannon asked his counterparts to vote against the amendment until the rules committee can make the law a bit more precise. He said he’s all for the resolution if they were to clean it up and bring it forward once more.

New proposal

Commissioner Nathan Burkholder said he feels strongly that the public deserves the time to address the County Commission on topics that mean something to them, whether it’s on the agenda or not. Burkholder said he understands the need for the meeting to stay on topic, but it would take very little time to hear the public out.

He proposed an amendment that would:

  • Allow the public to speak on any issue during informal and formal County Commission meetings.
  • Allow the public to speak on issues related to the agenda during any other county meeting.

MORE: New county rule unfairly limits public speakers to topics county wants to discuss | OPINION

Commissioner David Harper proposed that the subject be tabled until further notice, but that proposal failed.

Burkholder’s amendment passed 15-5. Those who voted against were Gannon, Harper, Rashidah Leverett, Jeremiah Walker and Walker Woodruff.

The amended resolution passed 14-6. Those who voted against were Gannon, Harper, Leverett, Walker, Woodruff and Carmelle Chandler.

Mental Health Court

In other action, a resolution accepting state funding to implement the 19th Judicial District Mental Health Court was approved.

The court will help individuals charged with crimes get the help they need if they are dealing with mental health issues. This includes in-house resources or outsourcing to mental health programs.

“Certainly, we can say that there are individuals with serious and persistent mental health issues that aren’t receiving the treatment and services that they deserve,” Judge Katy Olita previously told Clarksville Now. “That impacts the health and well-being of our community.”

Olita received an overwhelming amount of support for the program from law enforcement officials and mental health centers throughout the Clarksville area.