What is Happening?
In the June 2025 meeting of the Planning Commission, the board voted unanimously to place a time limit on the public portion of public hearings and public workshops.
The board directed Staff to prepare a policy document with several rules of procedure including that the public portion of any one agenda item will be limited to 90 minutes. The staff will prepare the policy and the planning commission will vote to enact the policy at the July 8, 2025, meeting.
Background
One of the planning commissioners requested that a public comment policy discussion be placed on the agenda for the June 10, 2025 meeting.
During the meeting the planning commissioners expressed frustration with length of public comment when everyone is given the opportunity to speak.
Prior to this there were three Policy documents that the Planning Commission adopted. Two in 2013 and one in 2015. The policies pertain to the rules of procedure for conducting hearings and written public comment. See the documents here.
After an executive session the Planning Commissioners voted to direct staff to make one policy document by combining the previous three documents and adding the following four new items to the policy:
- Encourage public comment to be submitted prior to the public hearing. It already stipulates in the current policy that any written public comment must be received a week in advance of the meeting in order to be given to the Planning Commissioners.
- All public comments are to pertain to the agenda item. This is in the estimation of the planning commissioners. If they believe your comment to not pertain to the agenda item, they will now interrupt you and ask you to redirect your comments taking up a portion of your three minutes.
- Sign-up sheets for public comment will be put out a minimum of 15 minute prior to the meeting and collected at the start of the meeting. This means no one who arrives after the gavel will be permitted to sign up.
- The public portion of any one agenda item not go past 90 minutes. This will include public hearings and public workshops
Watch the clip from the meeting below.
The Issues
With a 90-minute limit for the public comment portion of public hearings and public workshops participation could be limited to as few as 23 people accounting for time between speakers. For context 128 people spoke at the recent Public Workshop on the Water Bottling Plant and dozens more signed up to speak.
The Planning Commissioners were appointed to represent the public, not to dictate to us what they personally think is right or what personally benefits them. To adequately represent us they must hear from us, all of us, and on what we think is important and relevant. It seems the current commissioners do not want to take the time to do this.
The process here is in question. State code and the county zoning ordinance requires that rules of procedure are set forth in the bylaws of the planning commission. A bylaw change would require a public hearing and a vote by the elected County Commission. This likely illegal policy skips all that cutting the people and their elected officials out of the process.
Effects on the Public
Due process rights – Not allowing people to speak at the public hearing eliminates the due process rights of those who do not get the opportunity to speak.
Judicial relief – When the Planning Commission makes a decision that negatively impacts a member of the public that person can seek relief from that decision through the courts by filing a lawsuit challenging the decision. If this person was not permitted to speak in the public portion of the public hearing or workshop this may negatively impact their standing or ability to bring such a legal action.
Similarly, members of the public may wish to intervene in a legal action brought by another party against the Planning Commission if the outcome of that legal proceeding will directly affect the person’s interest. Like the Foundation intervening in the Sidewinder case. Not participating in the public hearing or public workshop may negatively impact the standing of anybody wishing to intervene in such a case.
Effect on the Planning Commission
Public Record – not allowing every person who wants to speak the opportunity to speak will negatively impact the public record (the information on which the planning commission bases its decision). When the planning commissions decisions are legally challenged the planning commission uses the public record to defend itself. A diminished public record will negatively impact the planning commission’s ability to defend its decisions in court.
Effects on Development
By reducing public input, the decisions of the planning commission will be less informed. The Planning Commission cannot represent our needs without understanding them. This will lead to development that does not serve the needs of the public. This will also negatively impact our community’s ability to plan for a sustainable future.
The Law – Does the Planning Commission Have the Authority to Make Such a Policy?
State Code §8A-2-1. is entitled “Planning commissions authorized” and (e) of this section states “A planning commission has only those powers, duties and jurisdiction as given to it in the ordinance creating it.” In Jefferson County the Planning Commission is created by the Jefferson County Zoning and Land Development Ordinance.
Nowhere in this Zoning Ordinance does it give the Planning Commission the authority to make Policy. In fact, in section 3.4 B. 1. of the Zoning Ordinance states that “rules of procedure are established in the Bylaws of the Jefferson County Planning Commission…”
This addition of a time limit to the public portion of a public hearing or public workshop is a rule of those procedures and there for must be put in the bylaws not a policy.
The difference is that a bylaw change would require a public hearing and a vote by the elected County Commission. This likely illegal policy skips all that cutting the people and their elected officials out of the process.
State code further supports this. State code §8A-2-11. Is entitled “Planning commission’s powers and duties” and states, “A planning commission has the following powers and duties: … (2) Prescribe rules and regulations pertaining to administration, investigations and hearings: Provided, That the rules and regulations are adopted by the governing body;” (emphasis added). Therefore, according to state code if the Planning Commission want to make rules for hearings– such as a time limits on public participation – they must be adopted by the “governing body.”
Who is the “governing body” in this case? State code §8A-2-10. Defines the governing body as the County Commission in the case of a County Planning Commission such as ours.
It seems clear from state code and the ordinance that the planning commission can’t make this policy on their own it should be done through the bylaws with a public hearing and no matter how it’s done it needs to be approved by the county commission.