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A public meeting versus a meeting in public: superintendent says subtle but important difference

By Joanne Beck

It’s a small nuance, but a public meeting is different than a meeting in public.

And as such, each has a different protocol for those wishing to speak during the session.

Batavia City Schools Superintendent Jason Smith explained the difference during this week’s board meeting.

Board member Barbara Bowman had previously requested a discussion about the district’s policy to require people to sign up a week ahead of a meeting at which they would like to speak. A few people had hoped to speak during a recent meeting and were told it wasn’t allowable per district policy.

There’s a reason for that, Smith said. District officials may need some extra time to research the requested topic before the person addresses the board. That policy is for a meeting in public. A public hearing at the beginning of a meeting is conducted on a particular topic, and it allows for people to comment and/or ask questions during the hearing portion. Those speakers do not need to sign up a week ahead of time.

For a board meeting that is held in public, “there is no obligation to answer speakers,” Smith said, and he advised board members to not feel they should provide an answer on the spot, as the answer may not be fully known at that time, he said.

Bowman was more concerned about people who took the time to attend a meeting in order to speak.

“I think we should consistently acknowledge everyone who comes to speak,” she said.

Board member Jennifer Lendvay asked about speakers who do ask questions of the board. What happens if there is no immediate answer, she said.

“I think my track record is pretty good with (following up and) giving them an answer,” Smith said.

District Clerk Brittany Witkop confirmed that “our office gets a lot of calls” and also returns those calls with answers to residents' queries.

“I think acknowledgement is the most important piece,” Bowman said.

As for revising the current policy to sign up the week ahead of a regular Thursday meeting, Board President Alice Benedict didn’t think it should be done.

“I do know the attorney would advise us not to change our policy,” Benedict said.

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