Agenda Materials for June 22, 2023 Schools Safety Task Force Meeting

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3. Presentation by County Attorney John Roberts Facilitator Bryan introduced John Roberts, the County Attorney for the Orange County Board of Commissioners. Mr. Roberts shared that he had been asked to provide the Task Force with an overview of laws impacting conduct at schools by students, parents and others. He noted that his official position may limit some of his comments, but that he would address any questions as best he could. Mr. Roberts briefly discussed the prohibition of weapons on school property. He referenced legal provisions against creating a public disturbance, sometimes referred to as a "riot statute", and noted application of those provisions were sometimes problematic. He shared comments regarding the "dispersal statute", in which a group was required to disperse when ordered by a law enforcement officer. He noted that violations of these laws were all misdemeanors. Mr. Roberts discussed "disorderly conduct", noting that there were sometimes problems in how those provisions were applied. He also discussed a statute regarding "Seizures of a Public Building", adding that there was some uncertainty regarding what "seizure" meant. He noted that violations of these statutes fell under criminal charges. Mr. Roberts also briefly discussed the defacement of buildings and trespass provisions, noting that trespass would apply in cases where the property was appropriately posted, or if someone had been asked to leave. Mr. Roberts moved forward to discuss protests and other activities that might occur along the public roadway adjoining a school or on the road right-of-way. He referenced Orange High School and noted that he had recently reviewed the survey plat for the school property, as the County actually owned the school property based on a previous financing action. He noted that the school property extends to the roadway, and that the road right- of-way was an overlay onto the school property. Mr. Roberts also briefly added that law enforcement had the authority to require dispersal when an activity impedes the progress of a school bus. Mr. Roberts concluded his comments by noting that a County ordinance may not be the best way to address school safety concerns, as most of the schools in Orange County were located in the towns where a County ordinance would not apply. Adoption by the towns would be necessary for any provisions to apply to most of the schools. 4. Discussion/Questions & Answers with County Attorney John Roberts Facilitator Bryan moved the discussion forward to questions and answers with Mr. Roberts. Task Force Member Andy Simmons inquired about the Orange High School property plat showing the school property extending to the roadway and asked if that was