What are Virtual Public Hearings

Public hearings have been the format for local government decision making since the founding of the United States. The earliest European settlements in New England set the standard for the use of town meetings in governance. The standard of in-person gatherings then spread across the country and has changed little in the subsequent four hundred years. 

In the past decade, a combination of technology options and pandemic necessity has allowed and forced governments to evolve their public hearings. Now the option exists to permit the same level of participation without requiring in-person attendance. During COVID-19, most local governments adopted some form of virtual public hearing and it looks like those hearings represent the future of local government, even after the pandemic ends.

What are Virtual Public Hearings?

Virtual public hearings are public hearings conducted remotely over the internet. Often using web conferencing software like Zoom or GoToMeeting, these meetings allow for virtual attendance via computer or phone. 

The fundamental component of virtual public hearings is the ability for spectators to participate remotely. Often, the decision makers (e.g. City Council members) participate remotely as well, though an in-person meeting of decision makers that can be attended remotely is still a virtual meeting.

Another component of some virtual meetings is the ability to participate asynchronously. This means that in addition to remote participation, people can participate at the time of their choosing as well. Materials and presentations are available online for some period prior to the actual meeting and the hearing is open throughout this time for public comment. People Speak was the pioneer of this type of public meeting, the advantage of which is greatly increased public engagement and better informed decision making.

Virtual vs Hybrid

Fully virtual meetings where there is no in-person interaction or option were common during the height of the pandemic but do not seem to be the preferred meeting method of most communities when in-person interaction is available. Instead, most communities are opting for hybrid meetings. These are meetings with both an in-person and a remote virtual component. 

The style and method of these meetings vary greatly. Some communities require in-person participation by council or board members, but allow remote commenting by citizens. Others allow even council members to be remote and thus have some members in-person and others conferencing into the meeting. Meetings with both live and virtual components, however they are managed, now seem to be the primary strategy for public hearings in communities across the country.

Benefits of Virtual Hearings

Increased Participation

Removing barriers to participation can greatly increase the number of people providing comment in public hearings. This difference is slight but noticeable with remotely accessible hearings. When the hearing is also asynchronous the difference can be significant. Some cities have shown eight to ten times and much engagement with asynchronous virtual hearings.

Transparency

One of the top complaints about local governments is a lack of transparency. Providing a way to access public hearings from home is an incredibly effective way to provide transparency into the decision making process. People are naturally suspicious of what transpired at a meeting that they couldn’t attend, but providing the opportunity to watch remotely and/or review the video after removes much of that concern and distrust.

Improved Decision Making

Naturally, adding a wider variety of viewpoints to a discussion can improve the outcome. Virtual hearings can include new voices and opinions that wouldn’t normally attend a live hearing. Moreover, asynchronous hearings have the added benefit of raising issues and concerns earlier in the process. Traditional hearings have a vote that follows closely on the heels of public comment. New issues and objections are brought up within minutes or hours of a final decision. Multi-day virtual hearings see issues raised days before a meeting and vote. This allows applicants, staff and decision makers all to address concerns and reach better outcomes.

Challenges of Virtual Hearings

Staff Time and Effort

Running fully hybrid public hearings with in-person staff and remote participation options can be work intensive. In addition to the normal in-person staffing, additional hands are needed to manage any web conferencing software and handle public commenting. Technology is improving and there are ever increasing numbers of ways to automate much of the work.

Legal Compliance

Legal regulations around public hearings vary greatly by state and are often woefully outdated. Although some states have updated regulations to account for virtual participation, many are still based on in-person only assumptions. Open meetings laws often require in-person commenting and can be confusing or even contradictory about online participation. Communities can work with their legal council to interpret state laws and public hearing software companies have experience navigating these issues.

Virtual Hearing Mistakes to Avoid

As much as virtual hearings can help communities with public participation, they can also create a poor impression. Here are some common mistakes to avoid when running virtual or hybrid hearings.

Poor Meeting Management

Make sure that staff and councilmembers are well trained on the software and running the meeting in a virtual format. Stumbling through a meeting and obvious discomfort with the technology being used can create serious credibility problems for the public. 

Overly Complicated Commenting

One of the biggest problems with using Zoom and other web conferencing software for public hearings is that they were not designed around the unique situation of providing public comment during a hearing. Providing complicated instructions for being recognized and unmuting and being put on screen, not only creates challenges for staff, but can be a major deterrent to participants and a barrier to achieving high quality and quantity public input.

Poor Visuals and Graphics

While a seemingly minor issue, it is important that a virtual hearing look professional and not distracting. Powerpoint presentations can often be hard to see and read, and should be optimized for vizability. Staff and Board members should have professional looking backgrounds to create and maintain an appropriate atmosphere.

Virtual Hearing Examples

As indicated above, there are examples of virtual hearings in nearly every community in the country. Here are some of the best:

www.lakewoodspeaks.org

One of the nation’s pioneers in virtual meetings, Lakewood, Colorado went remote and asynchronous in 2017 using the People Speak software.

Washington D.C. Office of Zoning

The nation’s capital had also begun experimenting with virtual hearings prior to the pandemic and have improved the experience since.

Brookline, MA

Brookline has one of the best and most comprehensive examples of instructions to the public on how to participate in a virtual hearing. Though the extent of these instructions also indicates the complication of their virtual meeting process.