Conduct of Public Hearings for Landmark Commissions
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Brian gave this presentation as a training session for new Landmark Commissioners for the King County Landmarks Commission in Seattle, Washington in 2012.
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Conduct of Public Hearings for Landmark Commissions
- 1. …more specifically Historic Landmarks Commission Meetings! CONDUCT OF PUBLIC HEARINGS SUSTAINABLE PRESERVATION ARCHITECTURE & CONSTRUCTION MANAGEMENT WWW.RICHAVEN.COM 206.909.9866
- 2. • Administer and enforce the laws • Safeguards individuals from arbitrary governmental action • Provide a reasonable opportunity for public to be heard • Formality of trial-like hearing not required • Adequately explain the basis of the decision – a fair and unbiased tribunal OVERVIEW OF PROCEDURAL DUE PROCESS
- 3. To hear evidence on an issue and render a decision in an efficient and fair manner. PURPOSE OF PUBLIC HEARINGS
- 4. PURPOSE OF PUBLIC HEARINGS • RCW 42.30 – Open Public Meetings Act • Open to the Public • No Secret Voting • Public Notice is required
- 5. Treat every person fairly and impartially Applicants are nervous and are likely new to the process Be on time and be prepared Keep control and decorum Meetings are recorded Avoid surprises BASIC REQUIREMENTS
- 6. Roberts Rules – Small boards • Obtaining the floor is not required • Motions don’t need to be seconded • Informal discussion is permissible when no motion is pending • If the issue is perfectly clear to all present, a vote can be taken without a motion • The Chairperson can speak without having to take “the chair,” and participates in discussion, motions, and votes on all issues. BASIC REQUIREMENTS
- 7. The Chairperson means the presiding officer. A motion is a proposal for action. To second a motion means that another member agrees with a particular proposal for action. To amend is to change, revise, add or delete something. The question is the business presented to the Commission for consideration and vote. To put the question means to take the vote. (not commonly used on KCLC) Quorum is the number of members that must be present to transact business legally. To lay a question on the table (or “table the issue”) means that a motion has been put aside temporarily. To adjourn means to close a meeting. Majority means more than half. DEFINITIONS
- 8. Open Hearing Staff Report PublicTestimony Commissioner Questions Close Hearing Deliberate and Decide ORDER
- 9. ORDER Open Hearing • Is there a Quorum? • Introductions • Explain the process to attendees • Ask for ex parte contact or conflict of interest • The Sign-in Sheet Staff Report Public Testimony Commissioner Questions Close Hearing Deliberate and Decide
- 10. ORDER Open Hearing Staff Report -Short and to the point Public Testimony Commissioner Questions Close Hearing Deliberate and Decide
- 11. ORDER Open Hearing Staff Report PublicTestimony - Speaker introductions - Applicants first & last - Establish time limits Commissioner Questions Close Hearing Deliberate and Decide
- 12. ORDER Open Hearing Staff Report Public Testimony Commissioner Questions - Your chance to clarify anything related to the application Close Hearing Deliberate and Decide
- 13. ORDER Open Hearing Staff Report Public Testimony Commissioner Questions Close Hearing - If all public testimony has been given and there are no more questions Deliberate and Decide
- 14. ORDER Open Hearing Staff Report Public Testimony Commissioner Questions Close Hearing Deliberate and Decide -Try not to cause unnecessary delays or hinder the process - Deliberate the compliance with criteria – don’t use “I like…”
- 15. ORDER – MAKING A MOTION Designation I move that the [name of property] be • designated a King County Landmark • designated a City of ____ Landmark • given a positive preliminary determination based on criteria [A1, A2, A3, A4, or A5] the findings “as set forth in the staff report” its features of significance “as set forth in the staff report” or “to include ________;” its boundaries of significance “as set forth in the staff report” or “to include ________;”
- 16. ORDER – MAKING A MOTION Designation (Alternate) I move that this Commission adopt the following findings of fact with respect to the [Name or description of the Property] 1. 2. 3. And that said property be designated a ________ landmark based on criteria [A1, A2, A3, A4, or A5] its features of significance are _____________ , and the boundaries of significance are _____________ __
- 17. ORDER – MAKING A MOTION Certificates of Appropriateness (COA) I move that the Type [I, II, or III] Certificate of Appropriateness For [name of property] To [general description of work] Be [approved or denied] based on the Staff Report and the recommendation of the Design Review Committee [with the conditions as follows:] Add any conditions as necessary.
- 18. ORDER – MAKING A MOTION Making a motion – Other Custom motions for special circumstances may be needed. “I move that….”
- 19. ORDER – MAKING A MOTION Making a motion – “So Moved” Chair states the motion, including all modifications to the basic text of a motion. Key words are: “I’ll entertain a motions to….” Another Commissioner needs only say “So moved” Third Commissioner seconds the motion Chair calls for the vote.
- 20. If approval, a decision should state that the application meets the criteria If denial, a decision should state why the application doesn’t meet the criteria. ORDER - DECISION DETAILS
- 21. ORDER -VOTING Open Hearing Staff Report Public Testimony Commissioner Questions Close Hearing Deliberate and Decide -Voting - A majority of commissioners present is required for a motion to pass - What happens next?
- 22. STICKING POINTS Please read your packets. It’s unfair to applicants and other commissioners to not be prepared. If you need to receive packets earlier than staff gets them to you, tell us.
- 23. STICKING POINTS Commission’s purpose is not to design a solution, it’s to hear what the applicant proposes, and decide if that is an appropriate solution or not.
- 24. STICKING POINTS You shouldn’t use “like” or “dislike”. Similarly, you shouldn’t use “ugly” or “pretty”. Taste is generally not a factor in making your decision.
- 25. STICKING POINTS Avoid the urge to delay a controversial decision. If you truly need additional information, then deferral may be appropriate. Otherwise, make the difficult decision and move on.
- 26. STICKING POINTS There are no precedents. Each case is decided on its own merits. However, sometimes it appears as though precedents are set. It may be necessary to explain, in the record, why a different decision is made on “apparently” similar applications.
- 27. THANKS! SUSTAINABLE PRESERVATION ARCHITECTURE & CONSTRUCTION MANAGEMENT WWW.RICHAVEN.COM 206.909.9866
Notas del editor
- Basis of decision: should make reference to and be based on information in the record and available to the public, including relevant standards and criteria in the preservation ordinance.Procedural Due Process: the manner, process, or procedure by which a decision is carried out. Usually it is the role of the Chair and staff to make sure this happens.Substantive Due Process: the rationality or reasonableness of the substance of the decision. Usually this is the Commissioner’s role.
- This involves educating the public about the process and what happens after it.Know that Commission decisions can and will be challenged. Commissioners must make decisions that can be upheld.The purpose of the Commission is to bring otherwise unavailable expert knowledge and experience to bear on specific issues that the government can’t otherwise provide.
- All commission meetings are open to the public in general, including DRC meetings, regular Commission meetings, and designation hearings.What is the one exception? Executive Session meetings which are allowed under certain circumstances.
- Treat every person fairly and impartially - including applicants, opponents, and other commissioners.Decorum - no side conversations or off color comments. Remember Mrs. McGillicuddy – how would she react to your behavior?Advanced requirements: Research issues you don’t understand fully prior to the hearing and discuss with staff. You can ask anything of the staff prior to the hearing. Support your staff when there’s a controversy. They’ve been doing this longer than we have!
- Voting without a motion is generally not done at any KCLC meetings.In making a motion, the Chariperson does not have to repeat the motion. We’ll discuss motions more later.
- The presiding officer could be the Chair, Vice Chair, or other commissioner who takes the responsibility of leading the proceedings.
- There are six basic parts to a Public Hearing
- Is there a quorum? Verify this before opening the public hearing. If there’s not a quorum, you can’t have a public hearing. Even Commissioners that recuse themselves must remain present during the hearing. They are not allowed to participate and must abstain from voting at the end.Introductions are usually initiated by the Chair. Be sure to include all Commission members, staff, and other special attendees.Explain the process. This is an opportunity to educate the public and set their expectations for what will happen. If we don’t, they may not understand why their opinions are not taken into account. Often this is done by staff during their Staff Report. There are often details of the processConflict of Interest: We are bound by the King County Code of Ethics (King County Code 3.04). Even though we are not employees of the county, we are serving in the public interest and must protect the propriety of this role.
- Staff will make a presentation of information to the public. This is to inform the public of specific details and introduce into evidence the information upon which the Commission’s decision is to be made. Often it will include photos and a general description of the issue at hand. It also can include the description of the process of a public hearing.Judicial notice may be taken of other publicly available information but must be introduced by Commissioners during their discussion.
- Speakers must introduce themselves and state their name for the record. This is part of the requirements for the open meeting and so that we can contact them later. It helps establish a list of “interested parties.”Applicants and Owners usually get to speak first to describe their proposal. Then other people. The applicants and owners usually also get a chance at the end to speak again to respond to others that have spoken.It’s not common to have to establish time limits. This depends on the number of people present. A general rule is no more than 5 minutes – less if there are a lot of people. Ask the staff for help timing people’s opportunity to speak.It is also possible, though not generally done, to leave the record open for additional comments.
- Ask questions – the more the better. If we don’t ask them, other may when they challenge a decision. This is also the opportunity to elicit more information to be added to the record which has not otherwise been made public. Careful though – you may not want to know the answer to a question!Legal counsel is available to the Commission and is provided by the County. Try to get any questions to legal counsel prior to a public hearing and make sure they get addressed ahead of time. These are the issues that can derail a public hearing or overturn a decision.Commissioners do not “testify.” We should avoid making decisions based on personal knowledge of an applicant or a particular situation if they are not part of the record or publicly known.
- Closing the hearing is done by the Chair after giving ample opportunity for the public to come forth and speak and after commissioners have asked their questions of the public.
- This is the time for commissioners to express their conclusions – not before testimony and questions. Often this phase is not clearly separated from commissioner questions – be careful.Knowing when you don’t have enough information can be difficult. Try to find ways to have staff help the Commission without hindering the process of making a decision, causing unnecessary delays, or compromising the integrity of the process. This may include requesting that the applicants come back to staff with minor items for final review.Deliberation is not a free for all! The public is not a part of the deliberation of a decision, technically, but often questions are still asked of the public during this phase.Decision: Explain your decision based on the criteria. Follow the criteria established for each decision. This is not opinion time (we are not permitted to “like” or “dislike” something. It either meets the criteria or it does not. This can be very hard to be clear on when we use very subjective criteria (the Standards).
- Added criteria can be made allowing Staff to review and approve minor issues that come up in a designation. A common one might be to add at the end: “with the staff to make minor grammatical and spelling corrections as noted or previously submitted to Staff.”
- Conditions to the COA must be agreed to by the Applicant. Staff will have a form for them to sign indicating that they agree to the conditions that the Commission has required. If the conditions are not agreed to, then a Public Hearing must be held.
- The first three words are always present in a motion. After that it’s up to the Commission.The motion can require or give permission of the Commission for the staff or the Chair to take a specific action. This may be writing a letter from the Commission or to investigate something else.
- This form is usually saved for complicated motions that modify the standard formulas we have discussed. When you hear the words “I’ll entertain a motion….” that’s your clue that the only required response is “so moved.”Seconding a motion is usually not required for our size of a Commission, but is customarily done for designations and COAs. This Commission does not second the approval of meeting minutes.
- Decisions are judgmental, but not opinionated.If approval of a COA, state that the proposal is “in accordance with the Secretary’s Standards….”If it’s a designation, state that it meets the designation criteriaIf it’s a special tax valuation, state that it meets the tax valuation requirementsIf it’s a staff action, they’re on their own.Additional criteria might be KCC 20.62 or the KC Rules and Regulations – these are also valid criteria.
- Voting: Everyone must vote for, against, or abstain from voting any motion. This ensures that the conclusions of each member of the Commission are accounted for. Commissioners who have recused themselves should make this clear by abstaining.Unanimous decisions are absolutely not critical. If you feel something doesn’t meet the requirements, speak up. Often unanimous decisions can show support to the applicants. This can be important in an atmosphere where we have lots of carrots – and no sticks.A majority of Commissioners present is required for a motion to pass. Not a majority of commissioners on the Commission.After the voting, congratulate the applicants, if appropriate.Last, help them to understand what the decision means to them. How does it affect what they do to the building? What is their next course of action? What incentives are available now that designation is complete? What does the decision NOT mean?
- The worst sound a staff member can hear is “RRRRIIIIPPPP!”If you are not prepared, you can’t be well enough informed to make a quasi-judicial decision that is legally binding.It looks easy when you watch experienced commissioners. It’s second nature to us. Often it is not easy.
- Frequently Design review committee is a discussion and negotiation. A Commission meeting is NOT.Your purpose, even in DRC, is to evaluate according to the criteria, and give feedback. Let the applicant make a different proposal.
- While this statement seems to refer to designations more than anything else, there are some accepted practices within each commission. KCLC allows replacement of shake roofs with a high grade asphalt composition shingle. On barns, where shake roofs were the norm, metal roofs are allowed.
- While this statement seems to refer to designations more than anything else, there are some accepted practices within each commission. KCLC allows replacement of shake roofs with a high grade asphalt composition shingle. On barns, where shake roofs were the norm, metal roofs are allowed.