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- Public Hearings
- Public Hearings: Definitions & Procedures
A Public Hearing is a duly advertised public meeting called by the town council, board, or commission of the town for the purpose of taking formal public comment, both in favor and opposition to a proposed action. (A Planners Dictionary PAS Report Number 521/522, April 2004 by the American Planning Association).
A Public Meeting is a meeting of a board, planning commission, city council, or their representatives where the public may attend. (A Planners Dictionary PAS Report Number 521/522, April 2004 by the American Planning Association).
Idaho State Code Title 74 Transparent and Ethical Government, provides definitions and guidelines for open meetings (Idaho State Code §74-201 - §74-208). The City of Kuna has established Public Hearing Rules of Procedure based on this information (Kuna City Code 1-6-8). These rules of conduct help to ensure persons of the public are given a chance to voice their opinions for, neutral or against a presented action via testimony. The allowed duration of testimony are as follows; these time limits stand unless a special hearing time limit is otherwise established by majority vote of the members of the city agency, not including time for questions and response:
- Staff Presentation: 15 Minutes
- Applicant Representative: 10 Minutes
- Public Testimony: 3 minutes
- Applicant Rebuttal Testimony: 10 Minutes
Physical Evidence/Documents Provided by the Public to Accompany Testimony
In the event that a person(s) would like to present a document as physical evidence to accompany their testimony at a Public Hearing, the document(s) must be presented to the clerk of the proceedings prior to receipt of testimony. Paper copies must be in a size that is clearly viewable by the governing body and attendees of the meeting from a minimum distance of 10 feet or individual copies may be provided and, in a quantity, to provide a copy for all members of the governing body, staff and any public in attendance. Please note that electronic displays or presentations must be provided prior to the meeting and prior to distribution of the agenda and supporting documents to the governing body. No late electronic submissions will be allowed and no non-city produced external disc or external drive will be permitted to be used on city equipment.
Ex Parte Contact
Ex parte contact is described as some form of communication between one party to a proceeding* and a public official with some responsibility for making a decision affecting that proceeding occurring outside the formal decision-making process and without knowledge of the other party to the proceeding. Such contacts are usually prohibited or circumscribed by codes of ethics to preclude conflict of interest or the appearance of favoritism to one party in a proceeding. (A Planners Dictionary PAS Report Number 521/522, April 2004 by the American Planning Association).
In the event that Ex Parte contact has occurred, the official* will make it known to staff and their peers and may be excluded from voting on the matter being presented. Any communications regarding a case, agenda item, public hearing, etc. should be made directly to the Project Manager/Planner or Director of the Planning and Zoning Department.
*e.g. an applicant for a permit, developments, Council or Commission Officials, etc.
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