Commissioner Terry Phillips, right, speaks during the Smith County Commissioners Court meeting on Tuesday morning as Judge Neal Franklin listens.

An agenda item to amend the Smith County Commissioners Court rules of decorum that prompted public comment and discussion among the governing body was turned down Tuesday.

Pct. 3 Commissioner Terry Phillips, the father of Lance and Derrick Phillips and husband of Smith County Clerk Karen Phillips, who were recently arrested on various incidents, requested the item change the public comment rules. 

Lance Phillips was arrested during the May 2 meeting for violating these rules.

According to the county’s rules of procedure, each citizen appearing before the court is limited to three minutes to make their remarks. Speakers must only comment on agenda items they signed up to speak on, stay on topic, and avoid irrelevant subjects.

Speakers expressed the belief that the rules prohibit citizens from speaking without violation.

Judge Neal Franklin said Phillips agreed with the current rules of decorum when a committee passed them on March 23, 2021. Franklin added that the court has allowed public comments to veer away from the agenda item and sometimes be completely off-topic.

Citizens’ opinions are welcome on any agenda items. Still, there are several issues if the public can speak on out-of-place subjects, such as the court’s inability to respond.

“We want to hear from the citizens regarding the items on the agenda,” he said. “The agenda represents the business of the county and is available to all the members of the court as well as the public with plenty of lead time so that we can have a proper and constructive conversation.”

Speakers are often interrupted during their public comment when they speak on a topic that has no relevance and cannot be addressed by the commissioners. A citizen’s respective commissioner can place a requested item on an agenda if it is within the court’s authority.

Phillips said he was mistaken in supporting the current rules of decorum when it was instated and that he presented the item because he believes the public’s right to be heard needs to be addressed by the court.

Phillips motioned to revise the court’s decorum, but there was no second. As a result, the motion died, and the rules will remain unchanged at this time.