What’s happening?
The rules of procedure, conduct and decorum outline expectations for what members of the court, public and media can or cannot do. For example, these rules include parameters for making public comments, how and when meetings should be conducted, and guidelines for the press.
At the July 8 meeting, debate sparked over the new proposed decorum rules following concerns about the potential elimination of written comment, policies on language used in public comment and translator services.
Currently, members of the public are allowed to submit written comments following rules listed on the county website, including submitting written comments by 8 a.m. the morning of the court meeting.
Rules for written comment are not explicitly stated in the county’s current rules of procedure, conduct and decorum, which have not been updated since September 1998. However, Hays County allowed provisions for written comment in 2021 during the COVID-19 pandemic to allow for alternatives during the public health crisis. These rules have remained since then.
Commissioner Walt Smith, who brought the item to court, said the changes would bring the County rules up to date with other counties’ court proceedings.
Community members voiced concern over possible changes to written comment rules. Many community members said the written comment option allows for greater flexibility in offering public comment, especially for workers, child caretakers and people with disabilities.
“There are many barriers that discourage people from addressing their government,” Hays County resident Karen Muñoz-Treviño said in a written comment. “It may seem like an easy task to come and address your government. I assure you it is not an easy task. These rules of decorum will only stifle debate and democracy.”
Community members said the new rules would restrict language and punish public commenters with violation sanctions including cancellation of a speaker’s remaining time, removal from the courtroom or a contempt citation.
The proposed rules would prohibit the following:
- The “demeaning” of an individual or group
- Insulting the “honest and/or integrity” of the court
- "Profane, insulting, or threatening language,” directed to the court or people in the presence of the court
- Racial, ethnic, or gender slurs or epithets
Hays County resident Claudia Zapata said she disapproves of the prohibitions on language.
“The ban on so-called insulting speech directly conflicts with First Amendment protections,” she said in a written comment. “Criticism of elected officials, including criticism of their integrity or decisions, is not only legal but it is necessary in a functioning democracy.”
Zapata said the violation sanctions will open the door to silencing residents.
“That is a misuse of authority and a clear threat to open government,” she said. “This proposal sends a clear and chilling message—if you speak up too strongly you may be punished.”
Zapata said the court should also ensure the rules do not make it difficult to ask for translation assistance
What commissioners are saying
Commissioner Morgan Hammer said that while the rules needed to be updated and that she is in favor of keeping public comment, she would need more time to look at the updated rules before a vote.
Commissioner Michelle Cohen agreed that she needed more time before voting to adopt the new rules. She also said that while she approves of keeping written comments, she said she wants to see more consistency between both in-person and written comment rules.
“When people come here to court and we do ask them to be respectful and no profanity—I feel like those rules aren’t applied to the written comments. Our court clerk just reads what is there no matter what,” she said during the July 8 meeting.
She said the rules can be especially important when public comments mention commissioners’ personal and family matters.
“When they are directed at a family member of someone on the court, I don't think that is right,” she said. “It happened to me recently and I don’t think that is fair to me to attack a family member and not be able to respond to that.”
Smith said he is open to amending the proposal to adjust for community concerns regarding written comment. He said he would also provide a side-by-side comparison of the current and proposed rules and recommendations from the Texas Association of Counties.
What else?
The proposed document also changes verbiage regarding submitting requests for items to appear on the agenda.
The proposed document requires that requests to have issues to appear on the court agenda must be submitted four business days before the scheduled court meeting. Currently, the Hays County rules require requests to be submitted by noon the Wednesday the week before the regularly scheduled Tuesday court meetings.
This would update verbiage to be in line with a new bill passed in the 89th Texas Legislature, which requires meeting notices to be posted three business days prior to a scheduled meeting. The new legislation takes effect Sept. 1.
Stay tuned
The item was tabled to be discussed at a later court meeting, but county officials did not say when the item would be brought to the court again.
