Editor’s note: This commentary is by David Mears, of Montpelier, who is associate dean of environmental programs at Vermont Law School and the former commissioner of the Vermont Department of Environmental Conservation. The views expressed belong to the author alone.
[I]n my work over several decades in state and federal government, I have seen many people grow frustrated, cynical even, about the process for public engagement. This frustration can be found in both those serving in public positions, as well as in private citizens seeking to participate in the decisions impacting their lives. One of the greatest challenges we face nationally and here in Vermont is making sure that the people most affected by our government’s decisions even know that they have the chance to provide input. Some say that our citizens are not engaged. Others say that our public officials do not care about the opinions of ordinary citizens. My experience in Vermont tells me that neither of these assumptions is true. The real issue may not be a lack of interest or care, but a failure to fully use available communication tools to ensure notice and a meaningful opportunity to participate.
As we settle into the 21st century and a time of information overload, the question of how best to inform and engage the public becomes even more important, and in some ways, more difficult. Still, we have the ability to design new ways of communicating important public decisions that can help overcome this challenge. One immediate barrier that we can remove are limitations on the ability of public officials to engage and interact with those they serve contained in laws that were written before the internet fundamentally changed the way in which people receive information.
A bill that has been proposed in the Vermont Legislature – S.97 – would allow Vermont public officials to post legal notices on online news outlets if that would be the best way to reach the citizens affected by the notice. Currently, the law is unclear. As a consequence, public officials worry that they can only meet the legal requirement by posting notices in print papers. We are lucky in Vermont that our news organizations are increasingly using online tools. VTDigger and The Chester Telegraph are two examples of news agencies which are succeeding in growing our access to news and information through our smartphones, pads, laptops and computers.
As an example of the power of new information technology tools, our own Department of Environmental Conservation has recently launched an online environmental notice bulletin to make it easier for members of the public to access information in a timely manner. This new system makes it easier for more Vermonters to learn about the permitting decisions affecting their community so that they can engage in the public comment process. Providing more ways for people to get information about government decisions can only strengthen our democracy and I am pleased that my former department is actively using modern information technology to that end.
I hope that the Vermont Legislature will update our laws and bring the state into the modern era of communications, give our public officials a clear choice about how best to engage our citizens and, in so doing, make it easier for all Vermonters to participate in decisions that affect them.
