Saturday, December 7, 2024
The Hood County Commissioners Court reviewed its rules of procedure, conduct and decorum Nov. 12, following a recent public dispute with a resident.
During a previous court meeting Oct. 22, resident Bradley Yarborough accused Precinct 4 Commissioner Dave Eagle of harassment — stating that he allegedly came to his house and was taking photos.
“I know this because I followed you to H-E-B,” Yarborough said. “When we got there, I stopped and said, ‘Hey, why are you in my neighborhood? Why are you taking pictures of my house?’ His exact quote was, ‘I can do whatever the F I want to do,’ which is pretty much true, because the DA won't do his damn job and arrest this guy because he doesn't live in his precinct. You don't live there. You break the law, but you don't think the laws apply to you.”
Yarborough continued and said that many residents are “tired of Eagle lying all of the time.”
"They're tired of your bullying tactics on Facebook, and you want to be a judge,” he said. “You think any judge comes out there bullying people on Facebook? Holy cow, you can't even tell the truth to save your life up here as a commissioner. How are you going to be as a judge?”
Precinct 1 Commissioner Kevin Andrews then tried to remind Yarborough about the rules of decorum, while Precinct 2 Commissioner Nannette Samuelson called for a point of order.
“I've got something to say,” Eagle said.
“No, you cannot say anything!” Yarborough declared.
“You’re out of order!” Eagle said.
“Hold it!” said Hood County Judge Ron Massingill. “This is a public participation forum, and no commissioner is allowed to make any remark in this public forum, so you're not to make any statement at all, Mr. Commissioner.”
In the midst of more discussion, Eagle cited section F of the court's rules of conduct, procedure and decorum, which states, “It is not the intention of the Hood County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the court to allow a member (or members) of the public to insult the honesty and/or integrity of the court, as a body, or any member or members of the court, individually or collectively.”
"’These rules do not prohibit public criticism,’” Eagle continues. “That's OK, but ‘including the criticism of any act, omission, policy, procedure, program or service.’ Now I can reply to that.”
“No, you can't reply,” Massingill said. “You can't reply. That's the rule. You don't reply in the public participation forum.”
Following the dispute from last court, Samuelson placed an item on the agenda for Nov. 12, to allow the commissioners to review and discuss the most recent version of the rules of procedure, conduct and decorum that were adopted last year.
"Last court there was some confusion about what the most recent version of the rules of decorum said,” Samuelson said. “It's good to bring it back up every now and then, so we can remember that as time passes, we forget some of the things that have taken place.”
The three changes that were last made to the rules of procedure, conduct and decorum are listed below:
“VI. All members of the court and public are expected to conduct themselves in a manner that demonstrates respect toward others and the court itself. Behavior that impedes or disrupts the business of the commissioners court while court is in session is prohibited and unlawful pursuant to Texas Penal Code § 42.05. It is the intention of Hood County Commissioners Court to attend to county business effectively and efficiently, without undue interruption. Cell phone usage during commissioners court is strictly prohibited. All cell phones, pagers, and other mobile communication devices should be in ‘silent’ mode at all times while court is in session.”
“IX. Each member of the public who has completed a public participation form will be called on to speak by the presiding officer. When the speaker's name is called, the member of the public shall speak at that time, or pass. Once the member of the public has chosen to speak or pass, this will fulfill the speaking opportunity on the particular agenda item or the public comments at large.”
“XIII. If at any time, a member of the commissioners court observes the rules herein documented not being followed, any member of the court shall be authorized to call a point of order to request a ruling by the presiding officer. Any member of the court shall be authorized to move to overrule the presiding officer's ruling. Upon receiving a second, the presiding officer will call for a vote. The presiding officer's ruling can only be overruled with a majority vote.”
During the public comments portion of the meeting, Former Hood County Republican Party Chair Steve Biggers spoke on the previous dispute, stating that Yarborough “violated the rules of decorum like crazy.”
“I believe that the citizen was way out of line with insinuating that Mr. Eagle is a liar and basically threatening him if he runs for judge,” Biggers said. “Commissioner Eagle can really go anywhere he wants to in his precinct. He's being accused of coming by the citizen’s house and taking pictures. Well, Lord knows, Commissioner Eagle has had a whole lot of pictures taken on his property, and two, it's in his precinct, and that citizen happened to have a whole bunch of gaudy decorations in his yard. Maybe he was just looking at those. But then that citizen comes back and follows Commissioner Eagle and stalks him to a grocery store, so who's at fault here? It should have been shut down really early on.”
Biggers then played an audio recording of a Hood County Commissioners Court meeting two years prior where Massingill had asked Sheriff Roger Deeds to escort Biggers from the meeting when he was speaking during public comments.
“Twenty-three seconds,” Biggers said. “For 23 seconds, I spoke and I said nothing derogatory, nothing insinuating, compared to two weeks ago with the citizen directing (those) towards Mr. Eagle.”
He explained that the rules of decorum are the court’s “marching orders,” on how they interact with the public and added “it should stay that way.” Biggers also suggested that if there’s a problem, the court needs to come up with a solution.
"This court should assign a parliamentarian that understands these rules, your Robert's Rules of Order,” he said. “Basically, my suggestion, I apologize, Christine (Leftwich) but the county clerk ought to be the parliamentarian of this court, being able to follow and know what the rules are, how they are and what they should be following. If there's a point of order there, then maybe it should be taken up with the rest of the commissioners."
He also suggested that the court should read the rules of decorum every meeting before citizens’ comments, “so people understand that you can’t come up here and throw rocks.”
Biggers also pointed out that in a community with strong religious values, people should refrain from casting judgment or hostility, since John 8:7 states "Let he who is without sin cast the first stone.”
"Somebody pick up the first stone if you want to throw it, because we shouldn't be doing that, and yes, I'm stating facts that have happened in this court and facts that have led to lawsuits ... but still, we should not be throwing stones, so maybe we can put that verse right here on the podium. I even brought a rock today that we can put out there with it,” Biggers said, as he placed a rock on the podium.
Speaker David Farris also expressed a concern about the new rules of procedure, particularly regarding public speaking time. He noted that, in previous meetings, there were occasions when he or others were allowed to ask brief follow-up questions or make comments after an “expert” speaker had presented.
"From time to time, or a lot of times, not all of the information (is known)” he said. “For example, there are going to be experts that come up ... and I raise my hand and say, ‘I would like to make a comment,’ either approving or (saying) I don't agree with that, or something of that nature ... and that has usually been granted. I wanted to make sure that would still be available.”
He also suggested that the rules could include a provision stating that brief extensions or questions after expert testimony would be allowed.
“That was my only point on these rules of order,” he said. “I just didn't want to get locked out. If I don't agree with that expert, I would like to make my point.”
The current version of the rules of decorum, conduct and procedure is now available on the Hood County website for residents to review.
