Public testimony remains unlimited with assembly

PALMER - An attempt to put a time limit on public participation failed to get even a single vote at the Mat-Su Borough Assembly Tuesday.

"If you take the time to come testify, the body will endeavor to hear you," assemblyman Ron Arvin said, expressing how he thinks public testimony at assembly meetings should be handled. "We should have a process that encourages people to come speak, not disenfranchises them from doing so."

The idea was to put a one-hour time limit on how long the audience participation portion of the meeting could run. Audience participation is kind of like an open mic night - anyone can talk to the assembly about anything. Limiting that time is within the borough's power, according to borough attorney Nick Spiropoulos. The other spot in the meeting where people get to testify, public hearings on specific ordinances, can't be limited, but does have to be on-topic.

"Under state law, this assembly cannot vote on an ordinance until it has heard everyone who wishes to be heard," he said.

The ordinance to put a time limit on audience participation would also have given the assembly the power to move on after an hour and resume public testimony on ordinances at a later meeting or a later part of the meeting at which the hearing began.

"What we're trying to do is make sure that the business gets done," borough mayor Larry DeVilbiss said.

But everyone who came to testify Tuesday disagreed that this was the way to go. William Bruu called it "a direct violation of the Bill of Rights and the Alaska Constitution."

Jeremiah Millen with the Friends of Mat-Su also disagreed.

"Regardless of what you may think about Friends of Mat-Su, one of the key values that we have held and tried to maintain is a robust public process," he said.

He pointed to a hearing last fall in which testimony on a controversial coal mining resolution was cut off and a group of people who didn't get to talk showed up later to protest at a borough assembly meeting.

"I think you've all recognized what happens when the public's voices are not allowed to be heard. The public gets really cranky, as they should be," Millen said. "They're taking time away from their families, from their busy lives, because they have something to say."

Mat-Su Borough School Board Vice President Sarah Welton said she spoke as a private resident when she expressed opposition to the restriction.

"I would like for you to recognize that your role is to listen. That is a major part of your role," Welton said.

The assembly asked her back to the table to talk as vice president of the school board, noting that the board has two audience participation portions, both scheduled for a half hour.

"We have never cut it off, that I know of, in all the years that I've served. I think I've sat through two hours of public testimony before," Welton said. "They have tried to limit it. I was always the one who said no."

DeVilbiss took some time before the vote to express his opinion, first noting that borough manager John Moosey proposed the ordinance.

"I didn't ask him to do it either, but I've been blamed for it," DeVilbiss said. "When I'm done with this public process there's going to be a ton more input than there is now.

He said he doesn't want to discourage people from testifying; however, "Neither are we going to have filibuster power over one issue when we've got other issues to deal with."

Contact Andrew Wellner at Andrew.wellner@frontiersman.com or 352-2270.