Mayor Jon Costas and Valparaiso City Council President Ellen Kapitan shared public apologies during the Feb. 10 Valparaiso City Council meeting as a mea culpa for the Jan. 27 meeting that resulted in the unexpected appearance and angry address by dentist Dr. Robert Behrend, who serves as president of the Valparaiso School Board.
An angry and distraught Behrend was the final speaker during the public comment portion of the Jan. 27 meeting, following earlier remarks from school board vice president Erika Watkins and also Kathy Watts, the latter who had served as Watkins’ campaign manager last year during her run for state representative.
Behrend, in his second term as a Valparaiso City Council appointee to the school board, came under fire from two residents during the Jan. 23 school board meeting who called for him to resign after public scrutiny about a family Christmas card, among other documents, which some say represent his recent move to a new address in Hartland, Wisconsin, as proof of the new community where he would be residing rather than time in Valparaiso during the final six months of his term.
At the Valparaiso City Council Jan. 27 meeting, Behrend, addressed both the council and turned frequently to implicate members of the general public seated in the council chambers while pointing and raising his voice.
“I’ve seen over the years that one person’s free speech can be another’s offensive remark,” Costas said in a prepared statement during the Feb. 10 council meeting.
“That said, there are times when elected officials must follow and enforce reasonable guidelines for comment at public meetings. For example, shouting and aggressive finger-pointing are not appropriate, nor is addressing the audience rather than the elected body. It is the clear desire of those serving you on this dais to continue to set a positive example of respect and decorum and to expect it of the citizens we serve.”
Costas said while presiding over more than 400 council meetings in his past 17 years of elected office and official capacity, he continues to understand how “moderating public meetings can be challenging at times.”
“Making decisions on the spot is never easy and it is more fruitful and instructive to analyze best practices upon reflection and input from others following inappropriate and unacceptable actions,” Costas said.
“Since our last meeting, I have met several times with council members Kapitan and Hunt to review the events of the last council meeting. I have also met with Alison Quackenbush, AHRC president. Although there is a comprehensive overview at the bottom of the council agenda concerning appropriate behavior at council meetings, it is likely time to revisit and possibly expand certain aspects. I have asked the AHRC to assist us in that process as they promote the goal of civility in our community.”
The AHRC is the city’s Advisory Human Rights Council.
Costas said he is working with the council “to continue to strive to foster robust but respectful civil public comment as we work and grow towards being effective peacemakers and leaders.”
“The First Amendment’s right to free speech is an American cornerstone that government must respect and foster in public meetings,” Costas said.
“To attempt to curtail a person’s words, even if hurtful or offensive to others, is not in the spirit of our Constitution. Those who aspire to lead soon learn to grow thick skin as it invites criticism, and reasonably so. Yet at the same time leaders are human, having emotions and feelings, and not made entirely of Teflon. I’ve seen over the years that one person’s free speech can be another’s offensive remark.”
Council President Kapitan, D-At-large, said, “What began as citizens asking about residency, quickly turned into asking what is acceptable behavior inside public meetings and from our city leaders.
“I want everyone to know this council holds itself to a higher standard of conduct than the public, and rightfully so,” Kapitan said during a written statement at the Feb. 10 meeting.
“We should also hold our appointees to that same standard. The behavior displayed by Dr. Behrend has raised significant concerns, resulting in multiple meetings, multiple concerns from residents, a review of our security protocols, and engagement with the Human Relations Council to explore a formal code of civility. Our ultimate goal is to create an environment where all voices are heard, and where discussions remain respectful and productive. Public input is welcomed and encouraged. Citizens should feel empowered to ask questions, raise concerns, and actively participate.”
Kapitan said her prepared statement was also her opportunity “to apologize to the council, our residents, the students who were present, and to those who have since witnessed the outburst at our last meeting.”
“(Behrend’s) actions, the yelling, the unfounded accusations, exceeded the boundaries of respectful discourse and there should be no question that his behavior was unacceptable,” Kapitan said.
“We take the safety of our citizens and their First Amendment rights very seriously. It is our duty as a council to set the tone for public discourse and to ensure that disagreements remain civil. As a body, we are committed to ensuring that public meetings foster a space for respectful dialogue and one where aggression and disorder do not dominate, and where all opinions can be expressed freely and safely. I can only imagine how unsettling it was for those in the room, particularly those seated in such close proximity. We owe them an apology for allowing that kind of environment to unfold in our chambers.”
Kapitan said it is the Council’s “collective responsibility to ensure that all discussions uphold the standards of respect and dignity that residents deserve.”
“We can, and we will, do better,” Kapitan said.
“As president of this council, I take accountability, not for his actions, but for our failure to address them in the moment. Don’t mistake our silence for acceptance.”
Philip Potempa is a freelance reporter for the Post-Tribune.
Originally Published:
