[Vision2020] City of Moscow Public Hearings
Bruce and Jean Livingston
jeanlivingston@turbonet.com
Mon, 3 Feb 2003 07:25:47 -0800
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1. As far as taking public testimony at public hearings is concerned, =
it seems to me that all affected residents should be eligible to =
testify, regardless of whether they are on a board or commission that =
previously debated the same or a similar issue. If anything, the added =
experience of the commission or board member may make that person a =
particularly well informed speaker who has thought carefully about the =
issue.=20
Although it may have been "prior practice" to deny board and commission =
members the right to speak at Council hearings, we now know that it is =
not illegal for such residents to testify, and there is no legal support =
for that practice in either the city code or the state statutes. =20
One simply should not have to resign one's position in order to address =
the
City Council, especially when one already has particular experience and
knowledge from service on city boards or comissions. Prohibiting =
certain residents from testifying at a public hearing, based on the =
residents' service on a board or commission and notwithstanding the =
breadth of perspective gained from that service, is contrary to notions =
of open government. It is also foolish, because it effectively deprives =
Council of hearing from people who are likely to have well reasoned, =
thoughtful and informed opinions.
2. Has Mayor Comstock appointed someone to Mr. Curley's former position =
on the P&Z? If not, the reasonable and fair thing would be for the =
Mayor to re-appoint Mr. Curley to that P&Z position -- the position from =
which Mr. Curley had to resign before he would be permitted to address =
the Council.=20
Bruce Livingston
----- Original Message -----=20
From: Jon Kimberling=20
To: Vision2020=20
Cc: Marshall Comstock ; Steve Busch ; Mike Thomason ; Peg Hamlett ; =
Jack Hill ; Joann Mack ; Gary Riedner ; Randy Fife=20
Sent: Friday, January 31, 2003 5:25 PM
Subject: [Vision2020] City of Moscow Public Hearings
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.=20
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.=20
I have copied this email to the Mayor and City Council members as a =
way to provide you with their email addresses.=20
Jon Kimberling
City Council
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<DIV>1. As far as taking public testimony at public hearings is =
concerned,=20
it seems to me that all affected residents should be eligible =
to=20
testify, regardless of whether they are on a board or commission that =
previously=20
debated the same or a similar issue. If anything, the added =
experience of=20
the commission or board member may make that person a particularly well =
informed=20
speaker who has thought carefully about the issue. </DIV>
<DIV> </DIV>
<DIV> Although it may have been "prior practice" to deny board =
and=20
commission members the right to speak at Council hearings, we now know =
that it=20
is not illegal for such residents to testify, and there is no legal =
support for=20
that practice in either the city code or the state=20
statutes. </DIV>
<DIV><BR>One simply should not have to resign one's position in order to =
address=20
the<BR>City Council, especially when one already has particular =
experience=20
and<BR>knowledge from service on city boards or comissions. =20
Prohibiting certain residents from testifying at a public =
hearing, based on=20
the residents' service on a board or commission and notwithstanding the =
breadth=20
of perspective gained from that service, is contrary to notions of =
open=20
government. It is also foolish, because it effectively deprives =
Council of=20
hearing from people who are likely to have well reasoned, thoughtful and =
informed opinions.</DIV>
<DIV> </DIV>
<DIV>2. Has Mayor Comstock appointed someone to Mr. =
Curley's=20
former position on the P&Z? If not, the reasonable and fair =
thing=20
would be for the Mayor to re-appoint Mr. Curley to that P&Z position =
-- the=20
position from which Mr. Curley had to =
resign before he would=20
be permitted to address the Council. <BR><BR>Bruce =
Livingston<BR><BR></DIV>
<BLOCKQUOTE dir=3Dltr=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style=3D"FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV=20
style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
<A title=3Djon@n-k-ins.com href=3D"mailto:jon@n-k-ins.com">Jon =
Kimberling</A>=20
</DIV>
<DIV style=3D"FONT: 10pt arial"><B>To:</B> <A =
title=3Dvision2020@moscow.com=20
href=3D"mailto:vision2020@moscow.com">Vision2020</A> </DIV>
<DIV style=3D"FONT: 10pt arial"><B>Cc:</B> <A =
title=3Dcomstock@moscow.com=20
href=3D"mailto:comstock@moscow.com">Marshall Comstock</A> ; <A=20
title=3Dsteveb@moscow.com href=3D"mailto:steveb@moscow.com">Steve =
Busch</A> ; <A=20
title=3Dmthomason@avistacorp.com =
href=3D"mailto:mthomason@avistacorp.com">Mike=20
Thomason</A> ; <A title=3Dpegh@uidaho.edu =
href=3D"mailto:pegh@uidaho.edu">Peg=20
Hamlett</A> ; <A title=3Djmhill@moscow.com =
href=3D"mailto:jmhill@moscow.com">Jack=20
Hill</A> ; <A title=3Djmack@turbonet.com =
href=3D"mailto:jmack@turbonet.com">Joann=20
Mack</A> ; <A title=3Dgriedner@ci.moscow.id.us=20
href=3D"mailto:griedner@ci.moscow.id.us">Gary Riedner</A> ; <A=20
title=3Drfife@ci.moscow.id.us =
href=3D"mailto:rfife@ci.moscow.id.us">Randy Fife</A>=20
</DIV>
<DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Friday, January 31, 2003 =
5:25=20
PM</DIV>
<DIV style=3D"FONT: 10pt arial"><B>Subject:</B> [Vision2020] City of =
Moscow=20
Public Hearings</DIV>
<DIV><BR></DIV>
<DIV><FONT face=3DArial size=3D2>Monday afternoon toward the end =
of=20
the 4:00 PM meeting of the Administrative Committee of the City =
Council=20
we will continue discussing possible changes to city procedures =
relative=20
to public hearings. As was noted in a recent posting to vision2020, it =
is not=20
illegal for the City to receive testimony from commission members. =
However, in=20
the recent past, members of at least two different commissions were =
not=20
allowed to testify before council. The Mayor decided not to =
change the=20
process in the middle of a hearing. I personally support that =
decision.=20
</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2>However, we now want to thoroughly =
review our=20
procedures. I believe it will take some time to accomplish =
this.=20
These are important decisions and should not be made hastily.=20
Therefore, it is a perfect time to offer the Mayor and =
Council your=20
comments. </FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2>I have copied this email to the Mayor =
and City=20
Council members as a way to provide you with their email addresses.=20
</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV><FONT face=3DArial size=3D2>Jon Kimberling</FONT></DIV>
<DIV><FONT face=3DArial size=3D2>City=20
Council</FONT></DIV></BLOCKQUOTE></BODY></HTML>
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