It’s another Monday night meeting of the Denver City Council. Dozens of citizens have gathered in the ornate council chamber on the fourth floor of the City and County Building for a controversial public hearing.
In a time-honored tradition, constituents receive three minutes at the podium to speak directly to elected officials and tell them what’s on their minds.
After waiting for the council to finish its regular business, the public hearing begins with the council president banging the gavel and, in a scripted message, instructing the audience: “As a courtesy to those in attendance, please turn off your cellphones and pagers.”
Sadly, the same rule does not apply to Denver’s 13 city council members, some of whom are often observed receiving e-mails and texting in the meeting. This raises a simple question: Why is it called a “public hearing” if some council members are clearly not listening?
At one recent public hearing, I observed several colleagues with hands below their desktops, eyes focused down, trying to hide their frantic texting during much of the public hearing. The president called each speaker by name to the podium, located a few steps from council members. But even the close proximity didn’t matter. Texting continued as some members seemed oblivious to the speakers. It was a behavior that clearly irked many in the audience.
State and city officials receiving text messages during meetings has become increasingly common. It’s time we adopt rules that ensure our open-meetings laws and disclosure rules (all which require decisions and most deliberations to be public) keep pace with the changing technology of the digital age.
In a recent Detroit News article, Robin Herrmann, general counsel for the Michigan Press Association, said electronic communication can keep information from the public.
“Before the use of all these devices, if a member of a public body had a question for their council, they would say it out loud. If two people are texting and it has to do with the business of the public body, that sort of communication — which is informing their decisions — should take place in public,” Hermann maintains.
Colorado Common Cause Executive Director Jennifer Flanagan says, “The core of our open meetings law is to ensure that decisions are made through public deliberations. People rightfully have an expectation that they will be heard when coming to participate at a public meeting.”
She adds, “Allowing the use of texting and other electronic communications is problematic no matter how you look at it. If it is related to the public discourse, it violates the open meetings law. If it is not — for example, checking game scores or doing other work — then it’s just disrespectful.”
Mayor Michael Hancock agrees. “As a former Denver city councilman, I think it’s a good idea to limit the use of cellphones during public hearings. It’s about being courteous to your fellow council members, and to those who have come to speak before the council, by giving your full attention,” he says.
“The Colorado Senate completely prohibits texting in the Senate chambers and in all other official meetings,” according to Denver Assistant City Attorney David Broadwell. “The House rule, however, is more liberal,” he notes. The Denver City Council rule book is silent on the issue. “Currently, there is nothing whatsoever in the council rules about the use of electronic devices during meetings,” Broadwell says.
We can fix this. We can change our council rules and say “c ya” to text messaging and e-mail during City Council public meetings. In early November, I will bring a proposed rule change to the full council. If you are in agreement with this change, please contact your council member urging support.
A ban shows we practice good manners; it would reinforce our belief that citizens should be heard and their time valued; and, most important, it would be a reminder that the Denver City Council hasn’t forgotten for whom we work.
Charlie Brown is a Denver city councilman representing District 6.
