What are Public Hearing Requirements?

Some decisions by the council (for example the adoption of the budget) require that a public hearing be conducted prior to making the decisions. Typically, these decisions involve a quasi‐judicial function of the council, as described in Section 2.413, above. As noted in 7‐1-4131, MCA, a properly noticed and conducted public hearing assures reasonable opportunity for citizen participation prior to a final decision by the council. The statute provides that, at a minimum,
a public hearing must:

• Provide for submission of both oral and written testimony for and against the action or matter at issue.

• Petitions and letters received by the governing body or executive prior to the hearing shall be entered by reference into the minutes of the governing body and considered as other testimony received at the hearing.

Additionally, public hearings may be held at regular or special meetings of the governing body and may be adjourned from day to day or to a date certain. Except for budget hearings, the governing body may designate a subcommittee or hearing examiner to conduct public hearings. Experienced council members realize that a public hearing is about listening, and they will avoid challenging or engaging witnesses in argument. Certainly, questions may be asked to clarify the facts, but the council should reserve discussion of the merits of the issue among themselves until after the hearing is closed.