One of the
most challenging experiences in local government is the holding and
participation in a public hearing. It is a statutory requirement to hold such
hearings if the action contemplated by Council involve changes in zoning. In
Vernon we recently had such a hearing regarding the Zoning changes necessary to
relocate the tourist info booth to a city owned building near the old Civic
Arena.
A public
hearing is an opportunity for members of the public, in a situation governed by
a formal protocol, to express their views to council on the defined topic.
Public hearings can be frustrating for both for those whose responsibility it
is to listen and for those who choose to speak. Why is this so?
A Public
hearing is not a debate. It is the final information gathering session for
Council before a change is made or decision taken. The public however, who
often feel strongly about the proposed action of council, may view the hearing
as a chance to do just that, debate Council. Emotions can begin to rise when it becomes
apparent that Council is just there to listen. Council has already publically
debated the question at hand and by the rules is not permitted to further debate
at the hearing. The occasional clarifying questions asked by Council of those
who choose to speak should be the limit of the interaction of the public and
council. Council’s commitment is just to sit there and listen. Councillors cannot give reasons to the public
in attendance as to why they are considering the action.
There is no
place for sarcasm, demeaning remarks or unseemly innuendo by the members of the
public or the elected officials and staff. Order is to be maintained by the
chair who is the Mayor.
So you there
have it, a room full people itching to debate but restrained from so doing by
the rules that govern public hearings. Emotions can and do run high. I believe
that this set of circumstances are a sure fire recipe for frustration.
Frustration that could lead to remarks that are perceived as aggressive or impolite:
frustration that could lead the gathering to focus on persons or personalities
rather than the narrow topic covered by the hearing. Public Hearings are exhausting for all
concerned.
Now for
perhaps the most frustrating issue for public who attend such meetings. No
matter what the public input has been whether pro or con the Council can still
deal with the matter as it sees fit. Often, the decision is to go ahead with
the planned changes despite opposition expressed at the public hearing. So the
question is honestly asked; what is the point of the hearing if council is just
going ahead anyway in the face of publically expressed opposition? Good
question!
Occasionally
Council becomes aware of new information obtained from a public hearing that
will cause it to reconsider its plans. That is why you hold a public hearing. That
is why the Mayor needs to keep tight control of the meeting so that all present
will feel safe from ridicule as they express their opinions. That is why councillors
should be very attentive and non-judgemental during public hearings. They
should put aside their own predilections and listen with an open mind so as not
to miss pearls of wisdom offered in good faith by a member of the public who
took the time to make a contribution to the good governance of our city.
Cheers Shawn
Lee a Vernon Taxpayer Blog
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