When the county clerk receives the petition, he or she is required to verify the signatures and to file the petition. Hearings must be held in each affected county. As part of the planning process, library district representatives should have already discussed the hearing process with the clerk(s) and the commissioners. A timetable for the hearing process should have been discussed as part of this conversation. It is also a good idea to give the county clerk(s) and the commissioners. A timetable for the hearing process should have been discussed as part of this conversation. It is also a good idea to give the county clerk(s) a copy of the law governing the process. [See I.C. 33-2704 and 33-2711.]
Hearing Date. After the petitions have been presented, the county commissioners in each affected county are required by law to set a time and place for a hearing. The hearing can be part of a normal county commission meeting. It must take place no less than three (3) and no more than six (6) weeks after the petitions have been presented.
Hearing Notice. The county commissioners must announce the hearing in a newspaper of general circulation once a week for two (2) weeks prior to the hearing.
The Hearing Itself. A public hearing is an opportunity for the public to speak about an issue that concerns them, usually followed by a decision made by a public board. Idaho Code allows the public to comment on the following issues regarding the formation of the library district:
- the form of the petition
- the genuineness of signatures
- the legality of the proceedings and any other matters in regard to the creation of the district
Hearings may be quite formal, where speakers must sign up at the beginning of the meeting, and each person is only allowed to speak once. Or they may be informal where people can speak back and forth on the issue. Find out how the county commissioners in each affected county normally conduct hearings and prepare accordingly.
If people oppose the consolidation of the districts, they can be expected to attend and speak at the hearing(s). This is especially the case since no election on the consolidation is required. Since the hearing(s) will normally be covered by the press, it is vital that the proponents of the district attend and speak at the hearing(s) as well.
Here are some hints about how to make a good impression at the hearing(s):
- If possible, ask community leaders to be present and speak in favor of the district.
- Put together a team of speakers to address different issues.
- Even if people do not wish to speak, ask them to come to the hearing. Then have one of your speakers ask all in favor of the district stand up. (It is impressive when most of the crowd stands at this request.)
- Anticipate the arguments that will be made against the district and plan on answering them.
- If people are only allowed to talk once, ask that your most knowledgeable speakers be allowed to present last, so they can answer any arguments against the district.
Issues that may be raised if there is opposition to the consolidation are:
- The consolidation may lead to a tax increase on the residents of one or more of the existing districts.
- Questions about whether the residents of the consolidated district will be responsible for the bonded indebtedness of one of the existing districts. I.C. § 33-2710(4) prohibits the debt of one district to be applied to the total consolidated district. The debt remains only on the property on which it was obligated.
- Questions about local autonomy and control.
In preparing for the hearing, such questions should be anticipated.