Public Hearings
What is the Difference Between a Public Meeting and a Public Hearing?
In Washington, all meetings of governmental bodies at which decisions are made are public meetings, under the Open Public Meetings Act. At a public meeting, anyone may attend the meeting and observe.
A governmental body may permit public participation, however, there is no right of the public to participate in the course of a public meeting nor to comment on the subject matter being considered by the governmental body. In contrast, during a public hearing, the public are invited to speak to the council and the council primarily listens and receives public input. No decisions are made during a public hearing.
A public hearing may be held as part of a regularly scheduled public meeting, but the two phases are conducted separately.
When is a Public Hearing Required?
There are relatively few situations that actually require a public hearing, although there are many occasions when public hearings may be advisable. The most typical circumstances requiring public hearings are listed below.
Annexation proceedings
direct petition method of annexation (Non-code Cities: RCW 35.13.140; Code Cities: RCW 35A.14.130)
Budget process (RCW 35.32A.040 (cities over 300,000); RCW 35.33.071 (cities and towns under 300,000); RCW 35A.33.070 (code cities)
following preliminary budget filing
emergency expenditures
Planning and zoning (Non-code Cities: RCW 35.63.100 - .120; Code Cities: RCW 35A.63.070, 35A.63.150)
adoption or amendment of a comprehensive plan
adoption or amendment of a zoning code
Street vacations (RCW 35.79.010; notice requirments are in RCW 35.79.020; process requirements are in RCW 35.79.030)
Local improvement districts (RCW 35.43.125 and 35.43.150 for creation of improvement districts; 35.44.070 and 35.44.090 for development of the assessment role; 35.55.070 for filling of low lands; 35.56.080 - .090 for filling and draining of low lands)
creation of a local improvement district
development of the assessment role
assessment of an omitted property
Arterial street construction (RCW 35.77.010)
Sale of public utility property (RCW 35.94.040)
Creation of a parking and business improvement area (RCW 35.87A.040 - .060)
Approval of preliminary plats (RCW 58.17.070 et seq.)
Removal of city manager (if requested) (RCW 35.18.130; Code Cities: RCW 35A.13.140)
What is the Required Notice for Public Hearings?
For some types of public hearings, there are specific statutory provisions containing notice requirements. Many of the public hearing statutes listed above include notice requirements. Where no specific statutory standards regarding notice are provided, each city must establish a procedure for notifying the public of upcoming hearings (First Class Cities: RCW 35.22.288; Second Class Cities: RCW 35.23.221; Towns: 35.27.300; Optional Municipal Code Cities: RCW 35A.12.160). The procedures may include written notification to the city's official newspaper, publication of a notice in the official newspaper, and such other processes as the city determines will satisfy the notice requirement.
What Rules Govern a Public Hearing?
The governing body holding the public hearing may establish rules of procedure for its conduct. These rules may include limiting the time allowed for public presentations, as long as they are reasonable and fair. At the commencement of the hearing, the rules that will govern should be explained . The same quorum rules for public meetings apply to public hearings: a quorum of the decision-making body is required for the transaction of business.
Conclusion
The principal difference between council meetings and public hearings is their purpose and the public participation requirement. The two types of proceedings may seem similar to an outsider, but council meetings are conducted primarily to make decisions, while public hearings are held to gather the data and opinions from the citizenry that facilitate the decision-makers at the council meeting.