Is there sufficient opportunity for the public to be "heard" during Assembly deliberations? The answer to that question could be subjective and probably depends on the topic. It also depends on what being "heard" might be taken to mean.
So let's let that lie for the moment and try to answer the question: What
are the opportunities for the public to be heard during an Assembly meeting? This is an easier question, though I understand that the answer might not be satisfying. Just to be clear, I'd like to put those opportunities "on the table" so we are all on the same page regarding the status quo. Then in a second post I will discuss the more subjective question: what does it mean to be "heard" and is the opportunity to be "heard" sufficient.
There are opportunities opportunities to be heard specifically outlined on the Agenda, and then there are opportunities that the Assembly and the Chair can manage through the rules outlined in
Chapter 2.10 of the Haines Borough Code, Assembly Procedures.
First - the Agenda:
The Assembly agenda specifically provides two opportunities for a member of the public to speak to the Assembly about any topic whatsoever. The first comes at the beginning of the meeting and is listed on the agenda as: PUBLIC COMMENTS [Any topics
not scheduled for public hearing]. The last comes at the end of the meeting and is listed simply as PUBLIC COMMENTS.
In-between, the Agenda also lists PUBLIC HEARINGS for Ordinances. The public may also speak to Resolutions. Although not specifically listed for public hearing,
Haines Borough Code 2.12.110 Resolutions – Reading – Hearing – Final passage – Posting (B) requires that
"all persons interested who appear shall be given an opportunity to be
heard. After such hearing, the assembly may finally pass such resolution
with or without amendments."
Sounds like a public hearing to me!
So, at our most recent meeting June 12, there were 14 standard opportunities for public comment or for the public "to be heard."
Next - Assembly rules.
First of all, it is the case the the presiding officer can make a rule more or less on the spot, for the moment, but any such rule making is a function of the statutory obligation to "...preserve order and decorum among the assembly members" and spectators;
and the responsibility "... for the conduct of all meetings in compliance with
the rules of the assembly."
A. The mayor shall preside at all meetings of
the assembly. The mayor shall preserve order and decorum among the
assembly members and is responsible for the conduct of all meetings in
compliance with the rules of the assembly. The mayor may at any time
make such rules as the mayor deems proper to preserve order among the
spectators in the assembly chambers during sessions of the assembly.
I lean on this section of code when I ask people to speak within a time frame, to speak to the topic, to try for a civil tone, and even in some cases, to not speak, if it is not time for that according to the Agenda and rules.
Assembly members can engage the public outside of a public hearing, but there is a rule. Here it is:
HBC 2.10.050 E. Asking Questions. After obtaining recognition from the chair, a member may ask direct questions of another member of the assembly or to a person appearing before the assembly. The questions may not be argumentative.
I am sure you have seen this rule in practice. An Assembly person raises their hand, then says, "Through the Chair, may I ask.... a question?" The answer is almost invariably, "Yes."Although the Assembly is provided with as much information as possible pertinent to the topics on the agenda, there is always the possibility that some one in the audience will be in possession of a key to the puzzle. The key to the ability to follow this rule is to understand the difference between questions that are for information and questions that are argumentative. Rhetorical questions are usually argumentative. I can't know the nature of the question before it is posed, but it is my job to call a halt to the interaction if it is "argumentative." I am not sure I have ever had to interrupt a question/answer situation, but I am alert to the possibility. It is a "hot spot" for me!
Rules are important. We follow them because they help us be efficient and civil. Civility is one of the foundations of resolution. But no set of rules can fit all situations, so we have a rule for that! It is called "Suspension of the Rules."
HBC 2.10.050 Assembly rules – Amendment, suspension and violation.
B. The borough assembly rules and order of business shall be observed in all cases, unless suspended temporarily for a special purpose by a vote of the majority of assembly members present. Any member may move at any time for the suspension of any rule, and such motion must be seconded to entitle it to consideration.
So, should a member of the Assembly wish to have a public hearing on a topic on the Agenda that is not scheduled for a public hearing, that member could move to suspend the rules for that purpose (i.e. hold a public hearing on topic x). If the majority of the Assembly agrees, then so be it.
