Sometimes Doing Nothing Is Right
MAYVILLE–Sometimes the most forward-thinking among us are those first to realize they took a wrong turn, and then reverse course and take the right road.
In that light, congratulations go to the Chautauqua County legislature.
Let’s set the stage.
During its regular meetings, the legislature has two privileges of the floor–times when anyone, including legislators themselves, can publicly address the legislature, subject to time limits and, of course, limits of decorum.
Under current rules, the first privilege is at the beginning of the meeting. Then, comments must be “relat(ed) to local laws, resolutions, and motions … on the agenda.”
The second privilege is at the end of the meeting. Then, comments may be on any subject.
It doesn’t take much imagination to anticipate what can happen during the second privilege. Just for starters, comments can be about matters way beyond the legislature’s purview.
A proposal came before the full legislature on Jan. 28, 2026, to limit the subjects during the second privilege to “any matter relevant to the powers, duties, and/or responsibilities of the (c)ounty (l)egislature, or of the (c)ounty (g)overnment in general, in consideration of the (c)ounty’s authority pursuant to (s)tate law and the Chautauqua County (c)harter.”
The legislature sent the proposal back to its administrative-services committee. The committee on Feb. 17, 2026, agreed to postpone the proposal indefinitely, which had the effect of killing it.
In short, this isn’t weakness. It’s strength. The system worked. A proposal arose to address a perceived problem. Upon further reflection, the legislature decided to drop the proposal. Fine. That’s how this should work in a good legislature.
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Let’s assume, just for purposes of today’s column, that the proposal is constitutional under the First Amendment and isn’t vague.
One Feb. 17 commenter observed that the second privilege hasn’t “disrupted” the county legislature. To put it less eloquently than the commenter, it’s not that the proposal was a solution in search of a problem. Rather, it’s that whatever challenge the second privilege presents, it isn’t a big deal.
Moreover, regardless of who would decide whether particular comments are inbounds, one would think Robert’s Rules of Order would permit a legislator disagreeing with the decision to appeal it to the whole legislature.
Nevertheless, please imagine how this can cut against minority ideas or a minority political party.
This gets dicey, doesn’t it?
And there are good arguments that once the legislature opens the floor to comments beyond agenda items, restricting subjects may well not be the best of ideas in the first place.
One reason is this: Listening is part of the largely thankless–and, yes, low-paying, given the time required–job of being a county legislator and doing the job well. Besides, the legislature should–and does–welcome those willing to share their insights. You just never know when or from whom valuable wisdom can arise.
On balance, if the legislature wants to keep the second privilege–and there are good arguments for that–it seems best to leave the rules as they are.
Which is what the legislature has done.
Sometimes doing nothing is the right thing.
The county legislature got this one right.
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Does this mean the county legislature would be without a remedy if a problem with the second privilege became a big deal? No, yet the legislature can address whatever big deal arises if it arises.
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Which brings us to what those speaking during the second privilege can do: They can recognize that–in presenting their insight, which is welcome–they’ll be most effective if they voluntarily keep comments to items reasonably within the county legislature’s purview.
But whatever they do, they shouldn’t be quiet just because they’re not sure what the legislature can or can’t do.
Small-r republican government works best when the citizenry informs itself and stays involved.
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Randy Elf appreciates good people who take on the largely thankless job of being a county legislator.
COPYRIGHT © 2026 BY RANDY ELF
