Local Government Agency Proposes Removal of Verbal Public Comments at Meetings
ACTION ALERT! THE SKAGIT TRANSIT BOARD OF DIRECTORS IS TRYING TO TAKE AWAY THE CITIZENS ABILITY TO COMMENT OPENLY AT THE SKAGIT TRANSIT BOARD OF DIRECTORS MEETINGS!
THIS IS UNCONSTITUTIONAL. WE MUST NOT LET GOVERNMENT AGENCIES FUNDED
BY OUR TAX DOLLARS EXCLUDE US FROM SPEAKING!
THE EMAIL BELOW WAS WRITTEN BY A CONCERNED CITIZEN.
PLEASE JOIN US AND OTHER PATRIOT ACTIVISTS ON WEDNESDAY, DECEMBER 18TH,
11:00 AM TO ABOUT NOON AT THE BURLINGTON COUNCIL CHAMBERS, 833 SO. SPRUCE, BURLINGTON, WA.
The email reads as follows:
"Skagit County Transit Board of Directors, I am writing in response to Skagit Transit's recent plan to remove verbal public comments from the Board of Directors meetings. "Staff recommends the board approve this request to only accept written public comment at Skagit Transit Board of Directors meetings, effective January 1, 2025. Written comments should be submitted to the Clerk of the Board via email a minimum of 24 hours before the scheduled Board meeting"
According to the Open Public Meetings Act: Agendas must be made available on the agency’s website at least 24 hours in advance of the meeting.
There are several concerns here.
Why is this being proposed? No reason is given within the Agenda.
How can the public comment if the deadline for written comments is the same as the deadline for posting the Agenda?
How is the public expected to properly review the Agenda, come up with comments, and provide them in written form to Skagit Transit's Clerk of the Board via email within the 24-hour notification timeframe if Transit's Agenda is not even required to be posted before the cutoff of written comment?
There have been many instances where I can confirm that Skagit Transit's Agenda has been posted right at the 24-hour mark, and other instances where I have noted that the Agenda was posted AFTER the 24-hour deadline.
This leaves no time for accurate review and comment formulation and in some instances, could completely prevent any comments at all.
Additionally, as you have previously been informed, the current CEO has selectively blocked emails from members of the public. As a member of the public, if my public comments will only be accepted by Skagit Transit's Clerk of the Board (who reports directly to the CEO) and they have blocked my emails (as confirmed in my public records requests), then you have prevented anyone with a blocked email address from making public comments at your public meetings. This is a violation of First Amendment Rights and is discriminatory.
If the person that has blocked public emails from being received by Skagit Transit is the same one that will be reviewing and presenting the comments to the Board, how are we to be certain that our comments will ever be considered or even seen?
Will written comments be read allowed, unedited, without discrimination or bias? Who will be reading public comments and at what speed?
If public comments are received within the 24-hour deadline, how will the Board of Directors have time before the meeting to even read our comments, let alone consider the comments before taking action?
As a reminder, the Open Public Meetings Act requires "an agency take comment at or before every regular meeting at which the board will take final action".
How will the changes proposed affect those with disabilities? Will special accommodations be made for those that need them and what specifically do you have planned for this?
We can also look at ESHB 1329, which modified the OPMA, and expand further:
"NEW SECTION. Sec. 1. 12 The legislature further finds people participating in their 13 government, especially through public comment, is an essential part 14 of developing public policy.
1 Sec. 3. RCW 42.30.030 and 1971 ex.s. c 250 s 3 are each amended to read as follows:2 3 (1) All meetings of the governing body of a public agency shall 4 be open and public and all persons shall be permitted to attend any 5 meeting of the governing body of a public agency, except as otherwise provided in this chapter.6 7 (2) Public agencies are encouraged to provide for the increased 8 ability of the public to observe and participate in the meetings of 9 governing bodies through real-time telephonic, electronic, internet, 10 or other readily available means of remote access that do not require 11 an additional cost to access the meeting.
The people, in delegating authority, do 32 not give their public servants the right to decide what is good for 33 the people to know and what is not good for them to know. The people 34 insist on remaining informed and informing the people's public 35 servants of their views so that they may retain control over the 36 instruments they have created. For these reasons, even when not 37 required by law, public agencies are encouraged to incorporate and 38 accept public comment during their decision-making process."
To add to the confusion is the fact that Transit staff have moved the public comment period to the end of the Board meeting specifically for this upcoming meeting on December 18. Why? In light of the fact that Transit staff did not offer remote dial in or phone options for last month's meeting on November 20, with no notice to anyone and no County representatives present, these changes should not be allowed. It is difficult to understand why the public has been prevented from providing input and comments before two consecutive meetings. As a member of the Board of Directors, you are required to allow comments before taking action.
I hope you will do the right thing which is to continue to support verbal public comments and freedom of speech within our public meetings. These are the same rights that are supported by our other public agencies. A new precedence should never be considered by our leaders and elected officials which appears to remove transparency from public view and you are responsible for your own vote. You are here to represent the public's interest, that is what you have been elected to do.