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Audience on camera, but few are smiling
(by Joseph Koziol Jr. - March 31, 2010)
Audience on camera, but few are smiling
By JOSEPH KOZIOL JR.
Chester police were called to the Chester Township Trustees meeting last week after members of the audience got into a heated exchange.
The incident stemmed from one member of the audience videotaping others in the audience during the public meeting, according to the report.
Police Chief Mark Purchase said police were called to the Town Hall around 8:50 p.m. March 25 but took no action. "As far as my officers were concerned, we took no action," he said.
Police were called by an audience member who reported that the meeting was getting "a little loud," Mr. Purchase said. When three officers arrived, they were informed by township Trustee Michael Joyce that there was no need for them there, and that the situation was under control, he said.
Some people were upset about being videotaped at the meeting, he said.
The person behind the camera was Chester resident Gary Paoletto, who was seated in the front row. He said others in the audience had become "insolent and rude" in their exchanges with trustees.
Mr. Paoletto said he simply switched on his digital camera, held it up and began videotaping people behind him. He said he planned to broadcast videos of the meeting via the Internet to show how people act at the meetings. He said he turned off the sound and did not interfere with the meeting other than to hold up the camera.
Mr. Paoletto said he was unhappy about how the people were treating Mr. Joyce and fellow Trustee Judy Caputo, whom he had supported during their last elections.
Once he held up the camera, he said, people began yelling that he was trying to intimidate them and that their rights were being violated. Under Ohio law, Mr. Paoletto said, he has the right to videotape a public meeting. He said he even found a New Jersey Supreme Court case that supports his position.
"It would be funny, if it weren't so sad," Mr. Paoletto said.
Chris Abbruzzese, a spokesman for the Ohio Auditor's Open Government Unit, said Mr. Paoletto has the law on his side. He said the Open Government Resource Manual, which details the specifics of the Open Meetings Law, states residents' rights to make audio tapes or videotapes at public meetings.
"You can't prohibit audio or video recordings at public meetings," Mr. Abbruzzese said. He said a government body, however, can make reasonable rules regulating the use of such equipment, such as requiring it to be silent, unobtrusive, self-contained and self-powered to limit interference with the ability of others to hear, see and participate in the meeting.
Mr. Paoletto said he put the camera away when asked to do so by Mr. Joyce.
Mr. Joyce said he made the request of Mr. Paoletto to allow the township's legal counsel to decide the issue.
Mr. Joyce, who is in his first term as trustee, said it was a "interesting learning experience." He believes the township may have to more closely follow Roberts Rules of Order to avoid similar situations in the future, he said. "We'll be fine. We intend to move forward."
Mrs. Caputo said it was the first time the use of a video camera has been challenged, although media representatives and another residents have used them in the past. "Mr. Paoletto is by no means the first one," she said.
Mrs. Caputo said she believes the use of video cameras is protected under free speech. She said residents also have the right to speak at public meetings and give their opinions, as long as they address the board.
Mrs. Caputo called the outburst from the audience a "free for all." She said, "I was mortified."
She said she and other trustees will look at ways to keep meetings moving in an orderly manner in the future. "I would hope the residents of Chester Township would have enough respect and decency to be civil in a public meeting," she said. "We can't go anywhere but up from here."
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