Public Hearings

[Guest Loren Humphrey]

A Public Hearing was placed on the County agenda and was later cancelled prior to the scheduled meeting, Does the full Board of Supervisors have to vote on the cancellation or was it acceptable to have one of the board members cancel and or the Attorney that sits on the board cancel it?

[Josh Martin]

A Public Hearing was placed on the County agenda and was later cancelled prior to the scheduled meeting, Does the full Board of Supervisors have to vote on the cancellation or was it acceptable to have one of the board members cancel and or the Attorney that sits on the board cancel it?

How was this hearing scheduled in the first place?

[Richard Brown]

Loren, assuming that the "council" you speak of is a public body, I think the answer to your question will depend more on your council's own rules and on applicable state statutes (and possibly county ordinances) than on RONR.

 

The answer may also depend, at least in part, on whether this "public hearing" is a separate, special meeting of the council or merely an agenda item for a regular meeting.

 

In general, per RONR, special meetings can be cancelled only when the bylaws or some other applicable rule gives someone the power to cancel a meeting.   But, an agenda item for a regular meeting is likely a different matter.  Agendas can be amended, but, for a public body, state open meetings (sunshine) laws are likely applicable.

[Guest Loren Humphrey]

How was this hearing scheduled in the first place?

It was scheduled by a vote of the County Board four weeks ago. The Board meets every two weeks

[Guest Loren Humphrye]

Loren, assuming that the "council" you speak of is a public body, I think the answer to your question will depend more on your council's own rules and on applicable state statutes (and possibly county ordinances) than on RONR.

 

The answer may also depend, at least in part, on whether this "public hearing" is a separate, special meeting of the council or merely an agenda item for a regular meeting.

 

In general, per RONR, special meetings can be cancelled only when the bylaws or some other applicable rule gives someone the power to cancel a meeting.   But, an agenda item for a regular meeting is likely a different matter.  Agendas can be amended, but, for a public body, state open meetings (sunshine) laws are likely applicable.

The Board of Supervisors doesn't address this issue in its policy manual, the board votes to have a public hearing then adjourns out of the public hearing into the regular meeting to take action on what was discussed in the hearing. Hearings are usually an agenda item to hear pros and cons of a particular item or business development.

[Josh Martin]

It was scheduled by a vote of the County Board four weeks ago. The Board meets every two weeks

Thank you. If the board scheduled the hearing, then only the board has the authority to cancel it, unless the board's rules or applicable law provide otherwise.

[Guest Loren Humphrey]

Thank you for your help with this issue.

[Guest Loren Humphrey]

How can the Public Hearing be cancelled prior to the meeting to prevent citizens from coming to the meeting and wasting their time on this issue if the board can't cancel the hearing until when the meeting is scheduled? This is if something arises between meetings.

[Edgar Guest]

How can the Public Hearing be cancelled prior to the meeting to prevent citizens from coming to the meeting and wasting their time on this issue if the board can't cancel the hearing until when the meeting is scheduled?

 

The board can only act as a board at a meeting of the board. Only individuals can act outside the context of a meeting so you'd have to authorize an individual (e.g. the chair of the board) if you want that option.

[Richard Brown]

Loren, I want to re-iterate what I said in post # 3:  Your council, or Board of Supervisors, is a public body and its procedures for setting the agenda and for setting, canceling and rescheduling agenda items and public hearings are, in my experience and opinion, likely controlled by state and local law and by the body's own rules and customs.  It has been my experience that custom plays a large role with such bodies.

 

I have also found that the members of such a public body will often agree among themselves that they are going to remove an item from the agenda or reschedule it at the next meeting, but announce prior to the meeting that the item has been or will be removed or rescheduled.  Perhaps it's a premature announcement if they can't officially cancel it until the meeting convenes, but they do it anyway.  As someone who attends area council meetings regularly, I personally would much rather know in advance that they plan to remove something from the agenda.  It saves me a trip and from wasting a lot of time.

 

I think you will be better served to look for someone familiar with your own council's procedures for an answer.  The council clerk, county attorney,  council president, and current or former council members come to mind.   If a majority of the council members want to postpone something, they are going to find a way to  postpone it.  Whether someone jumped the gun by announcing in advance that it will be or has been postponed is almost irrelevant. 

[Guest Loren Humphrey]

Loren, I want to re-iterate what I said in post # 3:  Your council, or Board of Supervisors, is a public body and its procedures for setting the agenda and for setting, canceling and rescheduling agenda items and public hearings are, in my experience and opinion, likely controlled by state and local law and by the body's own rules and customs.  It has been my experience that custom plays a large role with such bodies.

 

I have also found that the members of such a public body will often agree among themselves that they are going to remove an item from the agenda or reschedule it at the next meeting, but announce prior to the meeting that the item has been or will be removed or rescheduled.  Perhaps it's a premature announcement if they can't officially cancel it until the meeting convenes, but they do it anyway.  As someone who attends area council meetings regularly, I personally would much rather know in advance that they plan to remove something from the agenda.  It saves me a trip and from wasting a lot of time.

 

I think you will be better served to look for someone familiar with your own council's procedures for an answer.  The council clerk, county attorney,  council president, and current or former council members come to mind.   If a majority of the council members want to postpone something, they are going to find a way to  postpone it.  Whether someone jumped the gun by announcing in advance that it will be or has been postponed is almost irrelevant. 

Thank you so much for this input, we did consult the County Attorney and County Clerk in advance and there wasn't anything in the policy manual for this issue.

[Richard Brown]

Thank you so much for this input, we did consult the County Attorney and County Clerk in advance and there wasn't anything in the policy manual for this issue.

Note that in my post I said custom usually plays a large role in these situations. . . .   I doubt this is the first time that a public hearing has "been cancelled" prior to the meeting.  Lots of things are done with a wink and a nod.  And lots of times the other council members defer to the wishes of the council member whose district the matter concerns.  That is especially true in zoning matters, alcohol business permits, etc.  You will probably never find that printed in a policy manual, but I assure you it is a very common "unwritten rule".   Or custom.  Call it what you want to.

 

Re-iterating what Mr. Martin and what Mr. Guest said, per RONR, only the body itself or those people authorized by the rules can cancel or re-schedule a meeting or an agenda item.  "Public Hearings" are outside the realm of RONR.   But, again, if there is an understanding that they are going to cancel something, they are probably going to find a way to do it. 

 

Perhaps if we knew more about the situation we could help more, but I personally believe that RONR is not going to be of much help to you here.  You're dealing with an issue that is more political and legal in nature.

[Josh Martin]

How can the Public Hearing be cancelled prior to the meeting to prevent citizens from coming to the meeting and wasting their time on this issue if the board can't cancel the hearing until when the meeting is scheduled? This is if something arises between meetings.

So far as RONR is concerned, it can't be. The board will need to refer to its own rules on this subject, and if it doesn't have any, it might need to adopt some. In the absence of such rules, I have no objections to Mr. Brown's suggestion in Post #10. If a clear majority of the board members have indicated that they fully intend to cancel the hearing, I don't see a problem with announcing that the hearing has been canceled (although strictly speaking, this has not yet occurred).