Florence, Oregon - Community Involvement

4/22/03 - UPDATE - (4/21/03 City Council Meeting) City Manager requested the Council pull the proposed "Administrative Directives" off the agenda. He stated they were a drafted as a response to a previous Council's request for guidelines about public written testimony. He stated the two directives about written testimony needed more work in order to comply with state laws and requirements, and would bring them back to the City Council at a later date. Most of the City Council responded favorably to his request to pull the directives from the agenda, and indicated concern about the proposed restrictions.

4/21/03

The following "Administrative Directives"
are to be considered by the Florence City Council at their
April 21, 2003 Council meeting
7:00 p.m., Florence City Hall

This may be the last City meeting at which those of you who do not like to (or are unable to) speak in public will be able to submit meaningful written comments.

If the City Council adopts these two policies, the public will not be assured that their written testimony submitted at the time of hearings or council meetings will be considered. Often, the public is restricted to only 3 minutes to present their testimony or convey their opinions or requests. The public will have to submit written comments well in advance of any meeting, even if the information upon which the City will be deliberating is not available to the public at the time of the city's "administrative" deadline for comments.

In addition, this type of public participation restriction may not be legal. See Oregon Revised Statutes, 197.763

Proposed Policy on Written Testimony for Public Hearings
Staff reports and background information for public hearings are SELDOM available to the public until the day of the hearing, and therefore it would not be possible for the public to comment on information which the staff is submitting on the record. The majority of hearings lead to a final decision on the night of the hearing. If this policy is adopted by the City Council, it would place an extremely prejudicial burden on public participation.

For example, the Planning Commission is deliberating a very controversial issue about expanding the City's Urban Growth Boundary on Tuesday, April 22. As of Friday evening, April 18, the staff report upon which the Planning Commission is expected to heavily rely and base its decision, was still in a draft form and contained "xxxx" in places where very important data was still missing. The cut-off date for written testimony as directed by the Planning Commission was one day earlier, April 17.

Possible impact: Under this new policy, if new information was discovered six days before the hearing, the public's written comments would not be considered by the council or commission unless the council or commission decided to continue the hearing to another date.

Proposed Policy on Written Comments for City Council
Agendas may be available on Thursdays, but staff reports and background information is SELDOM avilable to the public before late afternoon on Friday, (if then) and therefore it is not possible for the public to comment on information which the staff is submitting to the council.

For example, in this instance alone, if the Agenda for the April 21 council meeting (this meeting) had been reviewed, the only information which would have been available to the public - on which to comment - would have been:

"Consent Agenda: 2. Administrative Directives. Consider approval of four administrative directives to be filed in the Administrative Procedures Book for future reference."

That is all that is stated on the agenda. This seemingly innocuous agenda item description certainly did not inform a reviewer of the possible impact on their ability to communicate with the City Council in the future. As it is on the Consent Agenda, the Council may not have even discussed the issue, just approved it and the public would have been unaware of what had been approved.

For example, if a member of the public had seen the Agenda, but had not one gone back down to City Hall and asked for a copy of the Council Meeting Packet the following day, they would not have even known that their right of free speech and right to participate in their government actions was being eroded.

Possible impact: Under this new policy, if new information was discovered three days before the council meeting, the public's written comments would not be considered by the council or commission unless the a majority of the city council voted to allow the comments.

This may be your last chance to submit written testimony to the City Council at the time of the meeting. Write and tell them what you think about the City Manager's proposed "directives".

Write to:         Florence City Council
                       250 Hwy. 101
                       Florence, Oregon 97439

e-mail:
Rodger Bennett, City Manager - rodger.bennett@ci.florence.or.us
Alan Burns, Mayor - alanb@oregonfast.net
Dave Braley, City Councilor - dbraley@fs.fed.us
Phil Brubaker, City Councilor - phil@carterandcarter.com
Donna Lee, City Councilor - d.lee@mycidco.com
Nan Osbon, City Councilor - nanandoz@oregonfast.net

CITY OF FLORENCE
ADMINISTRATIVE DIRECTIVE

To:	Administrative Directive Manual
From:	Rodger L. Bennett, City Manager
Subject:	Policy on Receipt of Written Testimony for Public Hearings
	Written comments or testimony may be submitted into the record on any matter before the City Council (Council) or the Planning Commission/Design Review Board (PC).
	In order for comments or testimony to be considered by the Council or PC at the meeting whose agenda contains the matter subject to comments or testimony, such comments or testimony must be submitted at least 7 days prior to the meeting or hearing.
	Testimony or comments received after this date will be bundled, and distributed to the Council of (or) PC during the public comment or the hearing period on the matter which is the subject of the comments or testimony.
	The Council or PC may continue the matter to a future meeting in order to adequately review testimony or comments submitted.

To:	Administrative Directive Manual
From:	Rodger L. Bennett, City Manager
Subject:	Policy on Receipt of Written Comments for City Council Agenda Items
	Written comments may be submitted to staff for the Council on any matter before the City Council.
	Agendas for council meetings are available by Thursday at 4:00 p.m. before the Monday meeting. Agendas are posted on the City's website www.ci.florence.or.us and are also available at the City Recorder's office, 250 Hwy 101 and at the Siuslaw Public Library.
	In order for comments or testiomony to be considered by the City Council at the meeting whose agenda contains the matter subject to comments or testimony, such comments or testimony must be submitted to staff by the Friday before the meeting by 4:00 p.m.
	The City Councill will not consider written comments on an agenda item received after the deadline, unless a majority vote of the council deems otherwise. All written material presented at meetings will be handed to the City Recorder for distribution to the Mayor and Council at a later time.