On April 21, 2020, Mayor Baird issued a proclamation which establishes special procedural rules for the conducting of public hearings by videoconference during the Emergency Declaration. The rules are for City Council, Planning Commission and meetings of other boards and commissions which are required by law to hold public hearings during the Emergency Declaration.
General Items
- The City currently uses Zoom as the platform for videoconference meetings. The Zoom platform allows participation by video or phone in a designated virtual "room" that is created for the meeting. An Applicant or member of the public can select either video or phone to join the Zoom room for the purpose of providing testimony during a public hearing.
- If the City changes the software platform by which public meetings are held by videoconference, these rules will still be followed.
- The rules below are designed to address when an Applicant or member of the public participates in the public hearing by video. If the Applicant or member of the public participates by phone, the rules below are still generally applicable and will be followed to the greatest extent possible.
- City staff is directed to incorporate directions regarding how to participate in public hearings within the various hearing notices, mailings, agendas, site signage and other means that are distributed to the public.
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For any applications already in progress that have already been advertised, City will mail out meeting information, details and instructions about these procedural rules to those property owners who are required to be notified pursuant to the UDO.
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As a matter of public meeting protocol, the Chair or Mayor will inquire from each person speaking in a public hearing whether they were sworn in, and if not then they will receive the public hearing oath.
Public Hearing Oath
- For each public hearing, when called upon by the Chair, the City Clerk (for City Council and TIF Commission meetings) or the Development Services Office Coordinator (for Planning Commission meetings) will administer the swearing-in oath as normal.
- Prior to administering the swearing-in oath, the Chair should inform the participants that anyone who needs to be sworn in should have their audio and video turned on, but only for the limited purpose of saying "I do" when called upon. After this step is complete, all persons who have been sworn in should turn off audio and video and wait to speak to the body as outlined below.
Applicant Participation and Testimony
- The Applicant in a public hearing will be given access code and password to participate in the Zoom meeting by videoconference.
- The Applicant may circulate the access code and password only to consultants and team members who might speak in the meeting. The access code and password will apply only to the designated meeting and should be treated as confidential information.
- At the swearing-in oath, all Applicant team members who might speak should have audio and video turned on and respond "I do" as normal.
- At the start of the public hearing, the Chair will ask the Applicant if they have any objections to the method of holding the public hearing by videoconference. If the Applicant raises an objection, the hearing can be continued to a date when the City expects to be able to hold in-person meetings.
- When the Applicant’s team members are not speaking, audio and video should be turned off.
- One Applicant team member can speak at a time, just as if the person is at the podium in a normal meeting.
- During the question and answer period, when an Applicant team member wants to speak, the person should turn on their video and wait to be called upon by the Chair. When finished, the person should turn off their audio and video again. Keeping everyone muted unless speaking will minimize background noise and distractions during the course of the discussion.
- When an Applicant’s item is finished on the agenda, all of the Applicant’s team members should leave the Zoom room. They can continue watching the meeting as a member of the public through LSTV or other publicly available means.
- The overall goal is to conduct each public hearing as close to the normal process as possible, within the constraints of the videoconference setting.
Public Testimony
- Public participation through the Zoom platform is solely for the purpose of providing testimony in a public hearing. General attendance by the public at a public meeting, when not providing testimony in a public hearing, must be by one of the methods stated on the agenda of the meeting and the other written material that is distributed for the public hearing. These methods will typically include watching on LSTV or on the television channel designated by a cable service provider. The several City departments will coordinate to provide information to the public and potential speakers at public hearings about these procedural rules.
- A member of the public who wants to speak at a public hearing must inform the City Clerk by 5 p.m. on the day before the meeting date.
- A member of the public who makes a timely request will receive an access code and password to participate in the Zoom meeting as a speaker. The access code and password will apply only to the designated meeting and should be treated as confidential information. The City Clerk’s office and Development Services Department will coordinate to administer this provision.
- The speaker must use their actual name in the Zoom room, and cannot participate anonymously. Anyone who attempts to participate anonymously will be dismissed from the Zoom room by the host.
- The member of the public that participates in the public hearing must have audio and video turned on and respond “I do” as normal when the swearing-in oath is given by the Clerk.
- When a member of the public is not speaking, audio and video must be turned off. If a participant fails to follow this rule, the Chair may direct that the person be removed from the Zoom room by the host.
- When a member of the public is called by the Chair to speak, the person should turn on their audio and video and address the body. If a member of the public fails to respond when it is their turn to speak, the Chair may direct that that person shall be removed from the Zoom room by the host.
- If the speaker has any questions, those questions should be stated during their comments but an answer will only be provided after the speaker has finished all comments. The Chair will call upon the Applicant or a staff member later to answer any questions raised by the speaker.
- When the agenda item is finished, the member of the public should leave the Zoom room. They can continue watching the meeting as a member of the public through LSTV or other publicly available means. Besides City staff and the body itself, the Zoom room is limited to Applicants and public speakers only during their specific agenda item.