GRAYSON CO., TX - It's been a heated and sometimes lengthy part of the weekly meetings, but now the previously open public comments section is gone from the Grayson County Commissioners Court agenda. And that has some citizens concerned that they're voice is no longer being heard.

"I think the spirit and the intent of the public comment section was being perhaps tested,” said County Judge Drue Bynum.

In fact, it was pushed to the point that Judge Drue Bynum and the other commissioners decided on Monday to remove the public comments section from the agenda all together. But some people weren’t pleased with the decision.

"To shut down public comment when they bring to the court questions, concerns and information I think is just a bad idea in terms of good government,” said Terry Beaverson, who regularly attends Commissioner Court meetings.

February 23, 2010, was the last meeting to have a public comments section. It allowed people to come forward and speak on whatever issue they wished.

The reason for its removal stems from the heated jail issue, which Bynum said he feels the section wasn't being used appropriately.

"When people try to take advantage of the public comments section on the agenda, then we decided that we would take that off of there hopefully to get people re-focused on the item on the agenda,” said Bynum.

But Beaverson said those discourses on the jail were important to the people and the jail issue. He said those public comments actually resulted in action by the court, even preventing a private jail from being built.

"Public comment brought to them a concern that said no we don't want that, and it worked; now they're silencing the voice of the public again,” said Beaverson.

Bynum explained that you can still address the court, as long as your item is on the agenda ahead of time. All you have to do is request to have it added from your commissioner or Bynum himself. He said he’s never turned down a request before.

"In no way shape or form is it to preclude public comments what it is trying to do is direct the public comments to an agenda item,” said Bynum.

The change still doesn’t sit well with some, saying if you’re going to have an open meeting and discussion, the public comment section should remain.
"I think limiting it only to an agenda item that has to be placed on ahead of time is again it's narrowing down and inhibits the transparency of government,” said Beaverson.

Removing the public comment section does not violate any laws. Both Texas and Oklahoma State Open Meeting Acts state a governing body doesn't have to allow public comments at all, and can even limit citizen's comments and length.

After press time Monday night, Greg Middents, Democratic candidate for County Judge released a statement opposing the change.

"The arrogance and the disrespect that the incumbent shows toward the average citizens is appalling. Two members of the public … taxpayers representing the voters spoke on the importance of having the “public comments” section reinstated. Both men, usually on polar opposite sides of issues, came together to speak up for “the freedom to speak one’s mind to their elected officials.”