Schuylkill County commissioners on a split vote Wednesday approved public comment rules that drew sharp criticism from frequent speakers.

The rules include giving the chairman the authority to rule any comments out-of-order if, in his or her opinion, the comment relates to personal gossip, is untenable, is scandalous, insulting, malicious, slanderous, libelous, defamatory, inappropriate, irrelevant or redundant, or have the discernible purpose or affect which is to disrupt or needlessly protract the proceedings of the meeting.

“We’re going back to where we were pre-pandemic,” said Commissioners chairman Barron L. Hetherington.

“In true dictator fashion, you’re trying to silence the people, take their rights away,” said frequent commenter Jeffrey Dunkel of Palo Alto.

He directed his comments to Hetherington, who he said has changed the policy three times since his appointment to the board in 2020.

Dunkel cited a 2021 federal lawsuit filed by four residents of the Pennsbury School District, Bucks County. They sued over a policy that “allowed officials to stop comments they perceived as personally directed, abusive, irrelevant, offensive, intolerant, otherwise inappropriate, or personal attacks,” according the law firm that represented them.

The school district settled the suit for $300,000.

Dunkel said he’s contact the American Civil Liberties Union and the Institute for Free Speech.

“I’m 99 percent certain the Institute for Free Speech is going to take the case on behalf of myself and other county residents,” he said.

However, in response to a question from Commissioner Gary J. Hess, Assistant County Solicitor Paul Datte said “We feel (the policy) meets all requirements of the Sunshine Act.”

Douglas Litwhiler of Ringtown, asked if people would be allowed to offer comments via Zoom, communications software that allows users to watch the commissioners’ meetings live.

But they are muted, so cannot comment.

Litwhiler didn’t receive an answer.

County Clerk of Courts Maria T. Casey called the policy “outrageous.”

“You cannot abrogate peoples’ right to talk,” she said.

Speaking to Hetherington, she said the policy is meant to “curtail public comments that’s critical of you.”

She said there has not been any profanity or inappropriate speech by commenters.

Both Dunkel and Casey plan to campaign for seats on the board of commissioners next year.

Hetherington and Hess voted in favor of the restrictions; Commissioner George F. Halcovage Jr. was opposed.

After the meeting, Halcovage released a prepared statement.

“The Schuylkill County Commissioners, at the beginning of each year, adopt Roberts Rules of Order for our meetings. My understanding of Robert Rules is that the chairman has the authority in all meetings to decide what items will be on the agenda. This policy does not have to be approved by the board of commissioners.

“I believe, as stated previously, when Commissioner Hetherington put the current policy in place, that he controls the agenda and the rules of the boardroom as chairman. This new policy was provided to us by Chairman Hetherington, who consulted with the solicitor’s office, and he wants to change how he believes the public comment policy should change.

“That is his call and I’ll respect his decision as chairman. However, with his new policy, he is deciding to only have one public comment period of 3 minutes and I’ll respect his decision as chairman. The only question that I am not comfortable in now limiting the public comment portion to one three minutes period, which may not be enough time. As always, if anyone has any concerns or questions after a meeting or any other time, please contact our staff in the commissioner’s office and I’ll make myself available.”

In addition to the rules governing content, the public comment policy also restricts comments to the beginning of meetings and limits each speaker to three minutes.

In addition, the chairman can ask anyone to leave the meeting if he or she fails to observe reasonable decorum, and would be able to contact security or law enforcement to that end.

It also allows the chairman also can contact security or law enforcement to remove a disorderly person when his or her conduct interferes with the orderly progress of the meeting.

And it allows the chairman to call a recess or adjourn the meeting to another time when the lack of public decorum interferes with the orderly conduct of the meeting.

The policy also drops emailed comments, as some were found to have been sent under other people’s identities, Hetherington said.