Today's Dominion Post editorial. More local news attached.
Jim Kotcon
DOMINION POST Wednesday 19 October 2011:
EDITORIAL
Public comment was not a wrap
State DEP needs to put this experiment in its tape recorder and listen to it
The public paid a call on the state Department of Environmental Protection (DEP) on Monday. The DEP’s representative said the session was just an experiment — an informal conference, not a public hearing. So, who were the 25 audience members to argue? They were the public, that’s who. And judging from their reaction, the DEP might want to think long and hard about experimenting on the public in Monongalia County again. Whether or not the meeting was an informal conference or a public hearing was really never in dispute. It was just the protocol the DEP used for conducting this meeting. Instead of letting members of the crowd address their peers and the DEP’s experts on a permit to renew and expand a coal ash refuse facility, they were ushered to an isolated table to address a recorder while videotaped. Though the DEP’s Division of Mining Reclamation permitting supervisor was on the other side of the table, the public was effectively prevented from hearing the “public” comments. For the more intrepid members of the crowd, who wished to address the crowd and the DEP, their remarks went unheard by all except the recorder and the lone official. The DEP said the meeting’s format was experimental. The idea was to not let members of the public address each other and to provide an outlet for shy members of the crowd. Instead, members of the crowd just raised its voice. For now, we’ll just call it a failed experiment. Perhaps this format has merit in taking testimony in judicial matters. But as it applies to any kind of public comment, it’s contrary to the notion of transparency that’s the cornerstone of our government. We realize that public forums are often marked by one or more speakers who may try to dominate the proceedings. And occasionally some comments are mere rants rather than reasoned pros and cons. But that’s open government — democracy. It’s more often than not messy ... and noisy. The issues before this “informal conference” were environmentally sensitive and could potentially have a major impact on residents, nearby property owners and others. We are not going to take sides on this permit — for now — to double the size of this refuse dump near tributaries of the Monongahela River. However, the DEP has another thing coming if it thinks it can mute public opinion or quietly channel it into its recorders at a public session. Though a measure of decorum and control to allow everyone to say their piece is vital at such meetings, public sessions cannot be reduced to virtual voice mail. The state DEP is a public agency, and it still answers directly to the public.
UPDATE