Public Hearing

City councils are sometimes required by state law to hold public hearings. Since the issues addressed in these public hearings are frequently contentious, may involve due process rights of private parties, and generate litigation, it is important to know and follow proper hearing procedures. Because these procedures are not generally spelled out in the statutes that require hearings, there is no ready guide for public bodies to follow when conducting hearings.
Although a public hearing is also a public meeting, the main purpose of most public hearings is to obtain public testimony or comment. A public hearing may occur as part of a regular or special meeting, or it may be the sole purpose of a special meeting, with no other matters addressed.
There are two types of public hearings, legislative and quasi-judicial, and it is important to understand the distinction between them. The purpose of a legislative public hearing is to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city addresses such matters as comprehensive land use plans or the annual budget. Legislative public hearings are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law.
On certain controversial legislative issues, it can be important to conduct a thoughtful public process in advance of any public hearing. Hearings often occur late in the process and may leave citizens with the impression that local officials do not want to hear their ideas. Council chambers are formal and can be intimidating to citizens who are not accustomed to public speaking. The format of hearings often leaves little, if any, room for reasonable discussion, give or take, or response to prior testimony.
Here are some brief thoughts on the public hearing process. Involve citizens in the early stages of the policy development process. Make sure that there is plenty of opportunity for people to get answers to questions; this usually does not happen at a formal public hearing. Consider using a trained facilitator to facilitate discussion on really controversial issues. Good public process can be time consuming and expensive. However, these processes increase the potential to arrive at solutions that have strong support in the community.
Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to testify, and the public should be advised that comments must relate to the matter at hand. Order and decorum should be maintained at all times. The "ground rules" for the conduct of the hearing should be stated by the chairperson or presiding official at the beginning of the hearing.
Be prepared! Don't come to the hearing cold. Review the ordinance amendment and supporting documentation, and any staff-prepared documents and recommendations prior to the hearing. Have clear ground rules for conducting the hearing. Keep order in the hearing, limit testimony where necessary, but maintain an impartial attitude during the hearing phase of the agenda.