Imagine this scenario: A public
board hears presentations from the public. The first presenter
exceeds the 5 minute limit stipulated in the Procedure Bylaw,
but the Chair does not intervene, for fear of political backlash. With
this precedent set, it becomes difficult to enforce the rules
later on. Knowing they will not be interrupted, some presenters
speak for as long as an hour or even longer.
The meeting ends very late with only few speakers being heard. An
extra meeting is scheduled to hear the overflow speakers.
Most people view such situations as political
reality and don’t even question the validity of the Chair’s
decision not to enforce the rules. In fact, such situations
are like highway robbery: Everyone
is forced to listen to lengthy and sometimes boring soap-box speeches
and is robbed of an extra evening. The organization is
effectively robbed of staff time and the costs of an extra meeting,
for which the entire community pays with its tax dollars. Is
it fair to tolerate this reality for the sake of avoiding political
backlash?
Clearly, when hearing the public, councils
and boards must balance the important right of citizens to be
heard with the right of the community as a whole to a fair, equal
and sensible process.
The Chair should never be motivated by a desire to prevent criticism,
but by a deep commitment to the principles of fairness, equality
and common sense. Each speaker should get the same opportunity
to speak, and the Procedure Bylaw should be followed consistently
for all.
How can this be accomplished? First,
the Chair should articulate the rules and time limits before
presentations commence.
He or she should advise the public that the rules will be enforced
equally.
As presentations unfold, the Chair should remind individuals
how much time they still have: “You have two minutes
left,” then
“You have one minute left,” and then “Your
time is up.
We need to move on to the next speaker.”
What can be done if the Chair refuses to
do this?
Individual Board members share the responsibility to uphold the rule of
law and must be prepared to speak up: “Point of order. We
have a limit of 5 minutes on public presentations. In fairness, we
must enforce the rules equally.” Members must consider
that the credibility of the governance process is at stake: If the Board
does not follow or enforce its own Procedure Bylaw, might citizens see
it as justification for breaching other bylaws?
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