[Vision2020] City of Moscow Public Hearings

[Mike Curley]

<color><param>0100,0100,0100</param>Greg and other Visionaries: 

To date I think Council and staff has responded promptly  
and openly to the issue.  Past procedure, legal issues, and  
"what we want in the future" have already been topics of  
conversation.  The Adminstrative Committee chaired by  
JoAnn Mack will address the issue Monday (Feb 3).  Jon  
Kimberling has sought public comment on this forum and  
others.  Council is listening, and I believe from comments  
made to date that universally their preference is for free  
and open comment at public hearings. 


Jon has simply indicated in his post (quoted in Greg's  
reply) that Council wants to hear all sides of this issue.   
Since I have been critical of Council in the past for  
shooting a little too fast on issues, I can hardly criticize  
them for taking time to fully understand the legal issues  
(on which they have received conflicting information) and 
 to discuss among themselves how they would like to see  
things work <underline>before</underline> they make a final decision.   


Council could choose to decide at different times about  
two separate issues that have not been fully distinguished  
on Vision 2020 to date.  One is the right of a Zoning Board  
of Adjustment or Planning and Zoning Commission  
member to speak <underline>as a citizen</underline> at the Council's public  
hearing.  The other is whether Council wants to change  
the current format of "official" Board/Commission input at  
the Council hearing.  Options for the latter have been  
suggested, and there is absolutely no harm in Council  
deliberating at length about what format would best serve 
 them, and therefore the community.  The first issue,  
speaking as a citizen only, should perhaps be addressed  
more quickly.  No Board or Commission member will be  
denied an opportunity to speak until the next public  
hearing before Council.  It would seem that the legal and  
policy issues of speaking as a citizen could be addressed  
before then.  


As Greg says, "there is 'no rule' prohibiting participation by 
P&Z members...."  It appears that the City Attorney is 
likewise advising  that there is no Idaho Code 
requirement that Board and  Commission members not 
be allowed to speak.  If  Council believes they are better 
served hearing from  everyone they are legally permitted 
to hear from, it  doesn't require a change to the city 
ordinances to adopt  that policy. What Council wants to do 
with its procedures  involving offical communication from 
P&Z and ZBA can  take as long as Council thinks it needs 
without at the  same time limiting the individual rights of 
the members. 


I appreciate Jon Kimberling keeping us advised and  
seeking community input.   


Mike Curley 






On 1 Feb 03, at 1:08, Greg Brown wrote: 


<color><param>0000,0000,0000</param>From:           	<color><param>0000,0000,8000</param>Greg Brown <<gregb@alaskapacific.edu><color><param>0000,0000,0000</param> 

<bold>Subject:        	<color><param>0000,0000,8000</param>Re: [Vision2020] City of Moscow Public 
Hearings</bold><color><param>0000,0000,0000</param> 

To:             	<color><param>0000,0000,8000</param>vision2020@moscow.com<color><param>0000,0000,0000</param> 

Date sent:      	<color><param>0000,0000,8000</param>Sat, 01 Feb 2003 01:08:08 -0900<color><param>0000,0000,0000</param> 


<underline><color><param>0000,8000,0000</param>[ Double-click this line for list subscription options ]</underline><color><param>0000,0000,0000</param>  




Jon Kimberling wrote: 


<color><param>7F00,0000,0000</param>> Monday afternoon toward the end of the 4:00 PM 
meeting of 

> the Administrative Committee of the City Council we 
will 

> continue discussing possible changes to city procedures 

> relative to public hearings. As was noted in a recent 

> posting to vision2020, it is not illegal for the City to 

> receive testimony from commission members. 
However, in the 

> recent past, members of at least two different 
commissions 

> were not allowed to testify before council. The Mayor 

> decided not to change the process in the middle of a 

> hearing. I personally support that decision. 

> 

>   

> 

> However, we now want to thoroughly review our 
procedures. 

> I believe it will take some time to accomplish this. 
These 

> are important decisions and should not be made 
hastily. 

> Therefore, it is a perfect time to offer the Mayor and 

> Council your comments.  

> 

<color><param>0000,0000,0000</param>   I would certainly encourage Moscow residents to 

comment.  However, I'm at a loss as to the call 

for a "thorough review" and patience. 


   This issue is as black and white as it ever gets.   

The Council got bad legal advice and it was 

too reticent to stand up for a fellow 

citizen's right to participate in a public hearing. 

There is *no rule* prohibiting participation by 

P&Z members (or any advisory commission). 


   There is nothing to fix.  The laws and rules 

are in place to achieve fair and equitable 

participation.  All that is required is 

for the Council and attorney acknowledge that 

a mistake was made, and to not let it happen 

again.   Starting now! 


--  

Greg Brown (gregb@alaskapacific.edu) 

Associate Professor and Chair 

Environmental Science Department 

Alaska Pacific University 

(907) 564-8267 

http://polar.alaskapacific.edu/gregb