Editors Note: 3-4-24 Noon: I just received an email from the City of Hillsboro asking me to alter or clarify my post. See Purple additions for Monday, 3-4-24, responses from the City of Hillsboro.
I want you all to stop what you are doing and read this Statement:
“Public comment during City Council meetings is not an absolute right.”
How does that make you feel? It comes across as rather elitist and indicates that censorship will be involved. This is certainly not something the people of Hillsboro should stand for. But unless someone convinces them not to, the City Council will approve, without much notice to the public, a very deep and restrictive set of rules governing those brave enough to come before them and avail themselves of the measly 3 minutes offered by our codes.
On the agenda posted at the City website for the March 5th, 2024 Council meeting is item 8.1, which does not explain what it is. It is odd because all the other items in that portion of the meeting are clearly stated, so anyone reviewing the Agenda can see what is being done. Not with Item 8.1- nope. But you can find it if you really dig and geek out on these agendas like me (and I know to read the fine print because this sort of thing happens often).
City of Hillsboro Response 3-4-24: “The City Council very much values community participation in our meetings and always considers the input we receive about issues related to the City. To be clear, the vast majority of the proposed changes merely put our current practices into writing, and there is zero evidence that our current practices have, in any way, limited an individual or group’s ability to provide public comment during Council meetings.”
Here is the link to the Resolution-
Below are the changes marked in Red that the Hillsboro City Council plans to add to our current codes. I am placing Section 4 from Page 4 of the proposed Resolution below. My Take o these matters is below each section-
Here is the new language the current City Council is adding – which will certainly restrict citizens’ ability to speak their minds before the council.
“4: Public Comment
(a) Public comment during City Council meetings is not an absolute right. Rather, the City Council permits public comment only for the limited
purposes of hearing from the public about matters directly related to the business of the City that is within the Council’s jurisdiction. The public
comment period is a limited public forum and comments are therefore appropriately limited to matters of concern, official action, or
deliberation which are or may come before City Council. The City Council is not creating an opportunity for and will not accept public
comment on matters that fall outside the scope of the Council’s jurisdiction, such as employment issues related to employees and officers
who are not appointed or supervised by Council. During public hearings, all public comments must relate to the specific matter under
discussion. All public comments must be addressed to the City Council as a body.”
My Take: The city seems genuinely commited to equity and communication. But, it seems to want us all to believe we are communicating better as a City. I would say that is far from true – the City is doing more 1 way communication- and maybe listening using surveys and online forms.
But let’s be clear- Hillsboro as per the previous and current leadership does not support
1) Citizens Planning Organizations as run by Washington County,
2) Neighborhood Associations or Groups – many of our neighboring cities have them and citizens communicate with their cities that way, Not here.
3) Town Halls where our Councilors answer questions we have as citizens.
4) Councilors do not respond to emails sent to them via the City web portal.
5) Basically we have no legitimate way to communicate with the City Council and Mayor in a public format. One on one we may see them on the street or in public and ask them a question or say hello- but let’s be clear- at this time the ONLY format we have in Hillsboro to be heard is at the City Council meetings- the measly 3 minutes we do get is a joke but so it goes. Now that is being threatened.
What will happen if a citizen has something desperate, inspirational, or hopeful to communicate? At least now they can come to the Council and do that. Under 4 (a) above that right, that last remaining way to communicate, will be gone. You think we have Apathy now? Oh my GOD wait to see what happens after this passes.
City Response 3-4-24 RE 4(a)
“..it is important to note that public comment about any matters of concern, official action, or deliberation which are or may come before the City Council are currently and remain permitted under the proposed changes. Nothing in our current practices, nor these rule changes, limits the ability of our community members to discuss matters that are relevant to City business and within the Council’s jurisdiction, whether those issues are on the current agenda or not.”
My Note – 3-4-24- I believe the point I made is that the new code in red is clear- “all public comments must relate to the specific matter under
discussion.” If the City wants to allow citizens to be able to speak about anything on their mind that may come before the City without regard to what is on the agenda for the specific Council Meeting discussion, it needs to alter the proposed language being voted on Tuesday, 3-5-24. I can not concur with the response the City made above today.
“4 (b.) Public comment must not unduly interfere with the City Council’s ability to conduct business or otherwise disrupt City Council meetings.
Comments that substantially interrupt, delay, or disturb the peace and good order of the proceedings of the City Council are not permitted.
Examples of such types of comments include shouting, use of profanity or vulgarity, or speaking outside of allotted time. In addition, public
comment may not be used for belligerent or abusive behavior including true threats, fighting words, or incitements to imminent lawless action.
Abusive and harassing comments that could lead to the creation of a hostile work environment for City employees required to attend City
Council meetings likewise unduly interferes with the Council’s ability to conduct its business and are therefore prohibited. The City Council
requests that all public comment is provided in a manner that is respectful to those in attendance at the meeting.”
My Take: No issues with asking people to control themselves. But who is the decision maker on what is or is not any of the above? Do we have an accepted book on profane words? How loud does someone have to be to be shouting? What is Vulgarity?
City Response: 3/4/2023
“Other changes to the rules clarify the scope of what is allowable public comment during Council meetings. Unfortunately, some individuals have taken the ability to provide virtual comments as permission to attempt to disrupt public meetings by using vile and repulsive language and images, which they would never attempt to use or display if they had to do so in person. Such actions do not reflect our community, nor do they contribute to a meaningful dialogue about issues pertinent to City business.
By adding this language to our Council rules, we are providing the Council, and therefore our community, with the legally safest course to exclude such comments from our Council meetings. It is an unfortunate step that must be taken due to the juvenile acts of a small group of people, but nonetheless, it is a step that the Council believes is prudent and necessary in order to provide a space for comments that are relevant and meaningful for our community.”
My Note 3-4-24 -I take no issue with putting practiced policies in writing in My Take above. It is, in fact, a good idea to have written policies. I suppose the City may wish to decide what source it will rely on if language to cut someone off. I am not aware of any recent meetings where such things have happened and have asked the City to expand upon what happened. I watch most all Council Meetings or attend them and have not seen such a thing. But I do not doubt that in this crazy world we live in, someone did just that. I support putting this rules in writing.
(c.) Public comment may be provided to the Council either orally or in writing. Citizen Individual and community group testimony forms will be available at each regular business meeting and must be filled out before providing public comment orally. Individual and community groups
desiring to provide public comment virtually, must register with the City Recorder by 3:00 pm the day of the meeting and provide their name,
address, email, phone, and a general topic. Written comments may be provided to the City Recorder either in advance of or during the Council
meeting, although it is possible that the City Council may not be able to read written comments provided during a meeting until after the meeting
has concluded. At the time on the agenda designated for public comment and during any public hearing, any member of the public desiring to
address the City Council must first request, wait to be recognized by the Mayor and then state their name for the record. The City Council may
set time limits for comments. The Council may request that groups with similar comments choose a spokesperson to present joint remarks.
MY TAKE: Yah this one does not work. Agendas for City Council meetings are usually up by Friday or Monday for a Tuesday Meeting- but the Staff adds additional information often to matters being heard right up to the very last minute before the Council meeting starts. The record and evidentiary material on the Agenda can change as the meeting is starting. In order to be fair to those wishing to speak virtually, the Council would need to restrict additional Staff materials and submissions in a way that NOTHING could be added to the agenda that was not appearing on the Agenda on the Cities website at 3 PM the day of the Council meeting. This can be a real procedural problem– this could severely deny someone from being heard on the matter the Council is deciding upon.
City Response: 3/4/2023– “There have been no complaints or issues with our current requirement to have virtual commenters pre-register, and following this requirement has permitted staff to manage this new technology in a way that allows for full participation of everyone in a meaningful way. To argue that merely adding these current practices to our rules is somehow restricting public comment is simply erroneous.”
My Note 3-4-2023 – I understand the City has had unwritten rules up until this point. But when I look at my point above about a 3 PM deadline for filing to speak virtually at a Council Meeting, I am convinced that it is restrictive and should not be put in writing. And I’m afraid I have to disagree with the final city statement above. It is not wrong for me to say that the city is restricting public comment. The City is in fact officially restricting what can be said, how it can be said, and when. So, if the City believes they are not restricting anything by these rules, it is not seeing things from a citizens perspective.
City Response – 3-4-23 – Overall Comments: “By adding this language to our Council rules, we are providing the Council, and therefore our community, with the legally safest course to exclude such comments from our Council meetings. It is an unfortunate step that must be taken due to the juvenile acts of a small group of people, but nonetheless, it is a step that the Council believes is prudent and necessary in order to provide a space for comments that are relevant and meaningful for our community.”
Closing Thoughts-
The walls to our City Government are very high. Convince me otherwise. I have attended hundreds of meetings, and it is a rare exception that we are allowed to speak, and even rare that we can exchange ideas or debate them, for that matter. And this Engage Hillsboro effort is giving some new inroads into previously closed off sections of the City. But so far they are mostly one way surveys and idea sharing – and some open houses. The Engagement needs to be expected by the Council and top Staff – I know we can do better. And I applaud Marcus, Colin, and Lauren at Engage Hillsboro – they lead the way to better things, which I hope includes Town Halls and Q and A sessions with our Council. Something desperately lacking right now.
I hope YOU will take your turn next Tuesday night, or participate from home, and get your 3 minutes in. This new Resolution may be your last chance to share something really great that you won’t be able to share after it passes.
CONTACT THE MAYOR AND CITY COUNCIL HERE – https://www.hillsboro-oregon.gov/our-city/departments/city-manager-s-office/hillsboro-101/contact-the-city-council
Bonus Content – I reviewed the last 12 Months’ Council meetings – that is 24 meetings- Guess how many people came forward to speak?
Total Public Comments – for Feb 2023- Jan 2024
– 24 people –
6 Minutes Average Public Comments Per Council Meeting
NO BASIS FOR LIMITING THE TOPICS PEOPLE CAN SPEAK ON
THREE REASONS WHY
FREEDOM OF EXPRESSION IS
ESSENTIAL TO A FREE SOCIETY
It’s the foundation of self-fulfillment. The right to express one’s thoughts and to communicate freely with others affirms the dignity and worth of each and every member of society, and allows each individual to realize his or her full human potential. Thus, freedom of expression is an end in itself — and as such, deserves society’s greatest protection.
It’s vital to the attainment and advancement of knowledge, and the search for the truth. The eminent 19th-century writer and civil libertarian, John Stuart Mill, contended that enlightened judgment is possible only if one considers all facts and ideas, from whatever source, and tests one’s own conclusions against opposing views. Therefore, all points of view — even those that are “bad” or socially harmful — should be represented in society’s “marketplace of ideas.”
It’s necessary to our system of self-government and gives the American people a “checking function” against government excess and corruption. If the American people are to be the masters of their fate and of their elected government, they must be well-informed and have access to all information, ideas and points of view. Mass ignorance is a breeding ground for oppression and tyranny.
Source – ACLU- https://www.aclu.org/documents/freedom-expression
Remember the old addage, “children should be seen and but not heard”? Fellow citizens and taxpayers, welcome back to childhood, Soviet style!
(What’s next? The mayor and council are all appointed by the state or God knows who without a vote?) Hell our vote doesn’t matter now…
Would like to have seen this before March 4. There are references and other sources that it is too late to access to share. Moved to Hillsboro and Washington County as it seemed more effective than our neighbor in Multnomah County. Sorry to see this happening.
What is missing? There is still time ro submit written testimony and of course attend virtually or in person on Tuesday!
I agree. This is troubling.
I hope you sill say something, Joe