Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
My Open letter to Marinwood CSD and Commission members:
Last night during public comment I quoted from this paper on Public Speech and the First Amendment and was threatened with arrest. The claim was because I had stated the obvious point that email is free and addresses are freely obtainable in public records, there is no reason to prevent communication by email, post mail or personal delivery when all else fails.
We can do better and I hope that you will read the linked document. The public needs accountability from the Marinwood CSD and the First Amendment protects our right to redress the government.
As far as I know, Marinwood CSD is the only public agency that prohibits direct contact with its elected and appointed officials. Secret government is simply not in the best interest of democracy. I am frankly quite surprised that the Marinwood CSD would even consider such as provision as this:
ARTICLE VIII – PUBLIC COMMUNICATION
As an advisory body to and appointed by the Board of Directors, communications and correspondences between the Commission or individual Commissioners and members of the public shall be restricted to open and public Commission meetings. Correspondences from the public to the Commission or individual Commissioners may be sent to the District Manager who shall then forward said correspondences to the Commission or individual Commissioners as appropriate and allowable. In such instance, a Commissioner may request an item be placed on a future meeting agenda for further discussion and consideration of the Commission.
Should Commissioners receive correspondence or any other form of communication directly from members of the public, at their discretion they may inform the Commission at the next Commission meeting and request an item be placed on a future meeting agenda for further discussion and consideration of the Commission.
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As an advisory body to and appointed by the Board of Directors, communications and correspondences between the Commission or individual Commissioners and members of the public shall be restricted to open and public Commission meetings. Correspondences from the public to the Commission or individual Commissioners may be sent to the District Manager who shall then forward said correspondences to the Commission or individual Commissioners as appropriate and allowable. In such instance, a Commissioner may request an item be placed on a future meeting agenda for further discussion and consideration of the Commission.
Should Commissioners receive correspondence or any other form of communication directly from members of the public, at their discretion they may inform the Commission at the next Commission meeting and request an item be placed on a future meeting agenda for further discussion and consideration of the Commission.
What if the public wishes to make written comments that are critical of the board or staff members? Will this be deemed "important" to relate to the public body? This provision is censorship plain and simple.
I believe most people still understand free speech is a basic right in the Constitution. I recommend that you revisit you knowledge of this subject. Marinwood CSD must adhere to the law.
Legal white paper on the limitations of Public Speech and the First Amendment.
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