By Carol Britton Meyer

As the select board reappointed James Lampke as Hull’s town counsel this week, members also discussed its policies on allowing public comment during meetings. Lampke, who grew up in Hull, has been town counsel for several decades.

town counsel james lampke makes a point during this year’s recent annual town meeting.

“I believe I have worked very hard and effectively for the town, seeking to protect the town, to make Hull a fine community in which to live and to serve in any way I can,” Lampke wrote in a letter to the select board seeking reappointment. “In spite of the problems we all face in the public sector, I find the position and work challenging and derive a great deal of satisfaction in combining my interest in law and public affairs in serving my hometown.”

Select Board member Greg Grey said the town “is very fortunate to have you, especially with all those years of service. It’s phenomenal.”

The board also began a discussion about its policies and procedures (adopted in 1996 and amended in 2002 and 2012) related to meetings, hearings, public comment, and other issues at outgoing select board member Domenico Sestito’s request.

Although he said he is in favor of free speech overall, Lampke explained some of the cons of allowing public comment without specific guidelines in place, based on a recent state Supreme Judicial Court case that found that boards could not censor members of the public during “public comment” periods. The case involved a rule adopted in the town of Southborough that mandated that all comments be “respectful.”

“A public body needs to be careful if an individual is discussed during a meeting – even if that person is given notice ahead of time,” Lampke said. “This is not an opportunity [for a member of the public] to beat up on someone. Many things can create a liability to the town, and we may not want to be a test case.”

Based on the state Supreme Court decision, “[a town official] can’t gavel someone [easily],” he explained.

With two or three new board members coming on board following next week’s election, the conversation will likely continue.

“I asked for this to be put on the agenda a while ago after getting strong feedback about the lack of public input [from citizens],” Sestito said. “It’s about finding a balance, and it isn’t fair to not allow the public to speak on agenda items because of the risk that something could go wrong.”

Sestito strongly believes that public comment should be allowed “at the discretion of the chair, who sets the boundaries. It’s not an exact science.”

Town Manager Philip Lemnios suggested that the new select board take up this topic with Lampke to undergo training and to decide under which agenda items public comment will be allowed.

Chair Donna Pursel noted that for the past three years while she has been in office, the policy has been “no public comment” except during public hearings. At the same time, she said, “We are in the people business,” and the next board will have some decisions to make.

Select board member Irwin Nesoff said as an official making decisions for the town, public input is important to him.

“It’s our job to hear what people have to say, and to listen to other board members,” he said.

Lampke explained that the state court decision supports “that the fabric of our country is citizen participation” and leaves the decision up to local communities to set parameters “as long as they are allowed under the state and United States Constitution.”

It was also noted that many citizens have participated in agenda item discussions on significant issues during select board meetings.

Grey suggested that the board hold office hours for citizens before some of their meetings to help clarify points of concern and interest, “where they wouldn’t be on camera and can talk about different things.”

Resident Anne Murray tried to speak, but was told by Pursel that the no-public-comment policy would continue “for one final night.”

Lemnios suggested each board member mark up their copy of the rules and regulations for future discussion.

In other business at the meeting, the board approved Robert W. Kelly’s request for a permit to park 500 cars at the Hull Redevelopment Authority lots during peak beach season, and a request from the Hull Youth Football Association to hold its annual carnival fundraiser from July 26 to 30 on the HRA property. Setup by Rockwell Amusements will start July 24.

Kelly’s business partner, Henry Dunn, questioned the recent “500% increase” in the operator’s fee, from $10 to $50 per parking space.

In response, Lemnios explained that the cost of police details associated with parking lot traffic is absorbed by the town, including times when traffic is backed up to Kenberma “when a storm comes through.”

Pursel said the recent increase in fees was approved after checking on what other towns charge for parking in similar situations, which is comparable.

The board also granted approval for the Hull Democratic Town Committee to use the gazebo on the HRA land for a free social event on Sunday, June 25, from 4 to 7 p.m. The goal, according to DTC members, is to bring people together to enjoy music and the beautiful location. More information will be available soon.

Correction: An earlier version of this story incorrectly identified the person who spoke on behalf of the partnership leasing the HRA parking lots. The story has now been updated.