A Haines resident, upset that his partner was recently terminated as borough clerk, criticized the assembly at a Nov. 12 meeting, calling out a few individuals. The assembly chair stopped the citizen and asked him to redirect his comments. The action brings up questions of free speech in a borough meeting – and what is and isn’t allowed.
Former Borough Clerk Kristine Kennedy was let go last month from her position after less than three months on the job. Three members of the assembly who voted on her termination were newly appointed after this fall’s municipal election. Details of the termination were not made public – Kennedy opted to allow the assembly to deliberate on her employment status in private. They did not invite her into the executive session and did not ask her questions.
Kennedy’s partner, Mark Sebens, took exception to that process. During the public comment period in last Tuesday’s assembly meeting, he mockingly thanked Assembly member Mark Smith.
“And a special thanks to Mark Smith, retired army colonel,” Sebens said. “As a former marine myself, I’m certain of all the people on the assembly, he unequivocally understands the chain of command and how important that is for a well run organization.”
Sebens then sarcastically addressed the deputy clerk.
“I think that in this case, the new borough clerk didn’t comprehend that the deputy clerk was the one to decide what needed to be done, and the borough clerk had the subordinate position,” he said. “I think she understands now. And I also want to thank the deputy clerk for being so kind and considerate and helpful toward the new borough clerk.”
Deputy Mayor Cheryl Stickler, who chaired the meeting in the mayor’s absence, interrupted Sebens.
“Mr. Sebens, please do not focus negative comments on borough staff or any assembly member,” she said.
After being gavelled, Sebens said he would skip some of his prepared comments. But he did add this.
“I’m wondering if the assembly has considered the concept of a metal detector at the administration building,” he said. “I mean, with the back-stabbing that goes on, perhaps it could be stopped before it became overwhelming.”
Sebens declined to comment for this story.
It’s not the first time that freedom of speech and first amendment issues have come up during public comment at a Haines assembly meeting. In January, Mayor Tom Morphet stopped Don Turner Jr. from addressing former Assembly member Natalie Dawson. A February discussion on KHNS’ Lynn Canal Voice addressed the issue, where Morphet said he may have shut comments down too soon in an effort to move the meeting forward.
Stickler spoke to KHNS about why she intervened in Sebens’ public comment.
“Freedom of speech is one of our constitutional rights that I believe is a foundational right,” Stickler said. “And one of the cornerstones of that right of freedom of speech is your right to criticize and question your government. That’s absolutely necessary. And so when Mr. Sebens stood up, if he would have kept his comments to focusing on the process or the problem and not start directing his comments toward personnel and staff, he would have been fine. …But once the personal attack started, I did have to redirect him.”
This is Stickler’s sophomore term on the assembly. She served from 2020-2023, also as deputy mayor.
Public comment at an assembly meeting is considered a limited public forum. This means that the manner, place and time of the comments may be regulated. For example, Haines Borough limits public comment to three minutes for any comment not scheduled for public hearing. And disruptive speech, such as a threat, can be regulated.
Haines resident Mike Denker wrote an op-ed piece in the Chilkat Valley News following the January meeting. He said that actual ideas cannot be regulated in public comment. He pointed to New York Times v. Sullivan, the Supreme Court case that stated public discourse should be “uninhibited, robust and wide-open.” The court said discourse could include “unpleasantly sharp attacks on government and public officials.”
The bottom of each Haines assembly agenda bears a reminder to THINK. It asks if the statements are true, helpful, inspiring, necessary and kind.
In February, the borough’s Government Affairs and Services Committee started to debate an anti-bullying policy, a response to the January meeting and other heated public meeting exchanges. The topic was removed from the agenda for any further discussion on Oct. 1.
