Does Transparency Require an Audience?

November 2024 | Eric Jennings, Lawrence County Commissioner Opinion Editorial, Black Hills Pioneer

One philosophical riddle I have been known to ponder is “if a tree falls in the forest, and no one is there to hear it, did it make a sound when it fell?” I think this question can also apply to open public meetings. If there is an open and public meeting, but there was no public in attendance, was it open and public? I believe it was open and public if the proper protocol was followed to conduct a public meeting.  

Occasionally questions arise concerning boards, councils, and commissions being transparent and open while they conduct business. Governmental entities are bound by South Dakota state statute to conduct meetings and make decisions in a public forum.  The statues require and define public notice, quorum, and the use of executive session.  In the case of the Lawrence County Commission, we are required to give 24 hours notice and post a proposed agenda on our website for any meeting where county business may occur. The first item of business is always to approve the agenda, after it is approved it cannot be changed. Action can only be taken on items that are on the approved agenda. While items not on the agenda may be discussed, no action can be taken on them. Occasionally there are items on the published agenda that are added or removed from the agenda before it is approved. This may happen because new information was discovered, expected information didn’t materialize, or a variety of other reasons.  

During discussion on a topic, the commission may ask an employee to develop or amend a policy or ordinance to address an issue in the county. This action does not need to have its own agenda item. If a policy or ordinance is developed to the point of needing to have action taken on it, it then needs to go through the public notice process. In the case of an ordinance, it is required to have a scheduled time for public input and the text of the ordinance must appear in the public notices of the counties designated newspaper. State statute also requires the agenda to designate a time for public comments. During this time anyone may provide comments on any subject, whether on the agenda or not, but no action can be taken on them.  

At times the public notice process feels cumbersome and slow, but it is necessary to allow the citizens represented by the elected boards and commissions the opportunity to be involved in the policy making process. The commission often has public hearings that receive no testimony, nor is anyone even attending the meeting during these scheduled times. This isn’t due to lack of public notice, but rather because no one felt strongly enough about the issue to attend. If no one is there to watch the proceedings, does it make it any less transparent? I think not! All we can do as a commission is conduct our business in an open and public manner that allows the public to participate. It is a system that ensures transparency and openness, even if no one is there to watch it.