On Sept. 22, the assembly is scheduled to vote to adopt the minor offenses ordinance. Information from recent committee meetings has not been provided in assembly meeting packets. The assembly must delay voting until committee information is provided and another public hearing is held.
First, local and state law argues strongly for delaying the vote. The process set out in HBC 2.60.120 and HBC 2.10.030 (A) ensures information from a committee is included in a meeting packet before a vote is held. This process aligns with AS 44.62.312 (a)(5), state policy regarding meetings, that states, “the people’s right to remain informed shall be protected so that they may retain control over the instruments they have created.”
Second, the Petition Clause of the First Amendment argues strongly for holding a public hearing once committee information is included in a meeting packet. In Duryea v. Guarnieri, the Supreme Court defined First Amendment petitioning activity as the right to direct written requests to the government that seeks action to address a concern. The public’s right to petition will be abridged if the assembly votes without holding a public hearing on committee information previously not provided in a meeting packet.
The public has a right to review committee information. The public also has a right to petition the assembly before a vote once this information has been included in a meeting packet. Failure on the part of the assembly to delay this vote will deprive the public of fundamental rights central to self-government.
Mike Denker