Proposal axing public out of hearings dies

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HILO — Several County Council members took Planning Director Michael Yee to task as he presented his budget plans Tuesday, after he listed public participation as one of the top three goals of his department.

At issue for three council members was an attempt by the Planning Department to restrict public notice and testimony in contested case hearings. The rule change, heard Monday in Kailua-Kona, was soundly defeated in a rare joint meeting of the Leeward and Windward Planning commissions.

The public spoke and the county planning commissioners listened. A dozen people — including North Kona Councilwoman Karen Eoff and South Kona/Ka‘u Councilwoman Maile David — testified in person and eight people sent in written testimony.

Kona Councilman Dru Kanuha asked Yee how he reconciled the proposed rule change with the department’s stated goal of seeking public participation and community input.

“To me, it doesn’t seem like a good enough case to make,” Kanuha said. “I’m glad you listened.”

“There was of course very passionate public testimony, all opposing the rule change,” Yee replied.

Passionate is one word for it. Holualoa resident Shannon Rudolph, in written testimony, took it a step further.

“I strongly oppose this proposed move, it’s a terrible idea, and whoever thought of it and put it in motion needs to be fired,” she said.

The department proposed the rule change as a way to streamline the process.

The public has an opportunity to voice its concerns and bring up new issues during the initial Planning Commission hearing and the hearing after the contested case hearing when the special master submits his or her report. Written testimony is also accepted during the entire course of the process, staff said.

They likened a contested case hearing to a court hearing, where the public is not allowed to testify unless they have standing in the case.

“I think yesterday’s exercise was a really good one,” David said. “I think it reinforces how important open government and public participation is. I think that was loud and clear.”

Eoff, who had sponsored legislation requiring more public participation in the planned unit development process, agreed. The PUD changes were adopted Monday even as the other changes were rejected.

“Going through this exercise yesterday, I really felt that everybody heard,” Eoff said. “I hope the level of participatory interest by the community continues.”