Clearing of gallery an inappropriate move

Missoulian Editorial, Wednesday, February 14, 2007

Read what MEA-MFT members say about this event.

SUMMARY: Lawmaker showed lack of respect for the legislative process when he ejected visitors on Saturday.

They were the children and grandchildren of a legislator. The mom and dad of a House page. The grandma and mom of a House intern.

And they were, with the rap of a gavel, abruptly and summarily tossed out of the Montana House of Representatives on Saturday morning after another group of spectators briefly applauded a legislator's remarks.

The applauding scofflaws?

Schoolteachers.

Although their dismissal was ultimately rescinded, after appeals by Democratic lawmakers who stood in protest of Rep. Dennis Himmelberger's clearing of the House gallery, the spectators were wounded by their treatment.

One young college student later said she felt sick to her stomach when Himmelberger ordered the sergeant-at-arms to clear the gallery. One longtime Missoula elementary schoolteacher was miffed, wondering how she could be dismissed for breaking a rule she didn't know existed. Others sitting in the balcony above the House floor confessed to feeling surprised, and even a little sad.

Is this, they wondered, any way for elected officials to treat the people who elected them? Is this really the way Montanans conduct the business of government?

Here's how the spectacle unfolded:

Near the end of Saturday morning's agenda, legislators took up House Bill 230, a proposal by Rep. Roger Koopman, R-Bozeman, to allow local school districts to certify teachers, now the sole purview of the state.

Read what MEA-MFT members say about HB 230.

As debate began on the bill, several dozen teachers in the gallery stood quietly at their seats, as is the tradition on the floor of the House when one party wants to show its opposition to a ruling or decision.

Right away, Himmelberger asked the spectators to take their seats, and they did.

The debate was a spirited one. The bill's supporters lamented the loss of potentially talented teachers to state certification requirements. Moms and dads, for example, often do a great job of home-schooling their own children, Koopman said. But, owing to their lack of a teaching certificate, those same moms and dads would not be allowed in a public school classroom.

Opponents made their case as well, led by Rep. Holly Raser, D-Missoula and a public school teacher. Koopman's bill would lower standards for the teaching profession to virtually nothing, she said. A pipefitter would need more training and certification than would a school teacher.

The gallery remained quiet throughout the exchange. Then came Rep. Gordon Hendricks, R-Superior, who stood in opposition to the bill and spoke of the need for statewide certification. His promise of a "no" vote drew a brief round of applause, primarily from teachers in the gallery.

"The sergeant-at-arms will clear the gallery," Himmelberger commanded.

At first, the words didn't register. Then a few people stood and started to file out the door, prodded by the sergeant-at-arms. A few more stood. Then Democrats in the House stood at their seats, to show their disapproval for the edict. A few spoke, asking the chairman to reconsider.

After several such entreaties, Himmelberger rescinded the order but warned gallery members against further outbursts, promising they would be ejected. Later, he scolded the entire House for threatening the chamber's decorum.

Eventually, a tearful Hendricks apologized to all in attendance, saying he never intended for his remarks to elicit any sort of response from the audience. What he really wanted, he said, was to introduce his family sitting for the morning in the gallery: wife, son, daughter-in-law, grandsons.

The whole episode was a sad one for Montanans who honor and respect the legislative process. Surely, we have more respect for one another than the House leadership showed visitors at Saturday's session.

Yes, decorum is important. But democracy is full of passion and emotion, and gets a little ornery at times.

Yes, decorum is important. But rules must be stated and explained if there is any expectation they'll be followed. Just as the House posts a sign on the gallery door nixing food, drinks and ringing cell phones, it should also post rules for audience behavior. If applause during a floor debate is off limits, then say so. Don't want the gallery to stand? Then say so.

And if -- once stated -- visitors violate the rules, go ahead and eject them. But don't clear the entire gallery. Don't demean Montanans who care enough about the legislative process to drive to Helena to bear witness to it by showing them the door.

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What MEA-MFT members say about this event.