Public Hearings: What You Need to Know
Public hearings are a fundamental part of local government, giving residents a chance to participate in important decision-making processes. With a public hearing scheduled for tomorrow regarding PD-2024-01, we want to explain how public hearings work, what they are (and aren’t), and why procedural fairness is key to the process.
Public Participation Policy
Under Section 216.1(1) of the Municipal Government Act (MGA), the Town of Redwater is required to have a Public Participation Policy. (we do!). This policy ensures that residents are involved in the decision-making processes that affect their community.
Public hearings fall under Level 2 Consultative Decisions, which means they are designed for gathering input before making decisions. This allows Council to consider the views and concerns of residents, ensuring that decisions reflect the community's needs and priorities.
What Are Public Hearings?
Public hearings are formal meetings where residents can express their opinions on proposed bylaws, zoning changes, land use amendments, and other municipal matters before a final decision is made. They are a legal requirement for specific types of decisions, such as bylaw changes or development proposals, under the Municipal Government Act (MGA).
What Public Hearings Are Not
- Public hearings are not a vote. They do not directly decide whether a proposal is approved or rejected.
- They are not a forum for personal grievances unrelated to the matter at hand. The goal is to gather relevant feedback on a specific issue or proposal.
Why Are Public Hearings Required by Law?
The Municipal Government Act requires public hearings for certain actions, such as:
- Adopting or amending bylaws (e.g., Land Use Bylaw changes)
- Making significant land use changes (e.g., zoning changes or large development proposals)
This legal requirement ensures transparency and gives residents a voice in matters that could affect their properties, neighborhoods, or the community at large.
What Is Procedural Fairness?
Procedural fairness ensures that everyone has a fair chance to participate and that decisions are made based on the facts and feedback presented during the hearing. Here’s what it involves:
- Notice and Opportunity:
- Residents are given proper notice about upcoming hearings, including the date, time, and topic, allowing everyone a chance to prepare and participate.
- Equal Access to Information:
- All relevant information (e.g., reports, proposed bylaw changes) is made available to the public before the hearing so residents can review and provide informed feedback.
- Impartiality:
- Town Council members are required to remain impartial and consider all feedback before making a decision. They cannot have pre-determined opinions or show bias toward one side of the issue.
- Right to Be Heard:
- Every resident who wants to speak at the hearing is given the opportunity to do so. Whether speaking in favor or opposition, all opinions are heard and considered.
- Transparency in Decision-Making:
- After the public hearing, Town Council will use the feedback, along with other relevant information, to make an informed decision. The decision-making process and reasoning must be transparent and based on the information presented.
Council’s Role?
During a public hearing, the Council's role is to listen to public input and ask questions that will help inform their decision-making process. It’s important to note that debate with the public is to be avoided during this time.
Council members are required to approach the hearing with an open mind, ensuring they remain impartial and consider all perspectives presented. This commitment to neutrality allows them to make informed decisions based on the feedback received, demonstrating respect for the community’s voice and concerns.
What Happens After a Public Hearing?
After the public hearing, Town Council will deliberate and decide based on the feedback and evidence provided. No decision is made during the hearing itself. Council members consider the opinions of residents, along with technical reports, expert opinions, and municipal policies, before making a final decision.
Conclusion
Public hearings are a critical tool in maintaining procedural fairness and ensuring that all residents have the opportunity to voice their opinions on important community issues. Whether you’re for or against a proposal, your feedback is essential to the process.
Have more questions or suggestions for Monday Municipality Matters? Send an email to redwater@redwater.ca