As part of the planning process, the Working Group should have already discussed the hearing process with the clerk and the commissioners. A time table for the hearing process should have been discussed as part of this conversation. It is also a good idea to give the county clerk a copy of the law [I.C. §§ 33-2701 through 33-2705] governing the process.
When the petitions have been prepared, they are presented to the county commissioners and filed by the county clerk. The presentation of the petitions can occur at a regular county commission meeting. You will need to contact the county clerk in order to be placed on the agenda.
Hearing Date. After the petitions have been presented, the county commissioners are required by law to set a time and place for a hearing. The hearing can be part of a regularly scheduled 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. [See I.C. §33-2704(2).]
Hearing Notices. The county commissioners must announce the hearing in a newspaper of general circulation once a week for two (2) weeks prior to the hearing. [See I.C. § 33-2704(2).]
Relationship with Existing Libraries. At the same time that the hearing is announced, the county commissioners must notify in writing the library boards of any tax-supported library within the boundaries of the proposed library district. If an existing library that has been included within the boundaries of the district does not wish to participate, it must pass a resolution and present it to the county commissioners not less than one (1) week before the date of the hearing. [See I.C. § 33-2704(4).] Normally this should not be an issue, if the Working Group has determined the most politically feasible configuration for the new district. District boundaries should have excluded those libraries that were not interested in being part of the district.
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 any resident elector within the proposed boundaries of the proposed district to appear and be heard concerning 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. [See I.C. § 33-2704(3).]
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 your county commissioners tend to conduct hearings and prepare accordingly.
It is to be expected that people who oppose the district will attend and speak at the hearing. Since the hearing will normally be covered by the press, it is vital that the proponents of the district attend and speak at the hearing as well. Here are some hints about how to make a good impression at the hearing:
- 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 to 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.
Order for the Election. No more than ten (10) days after the hearing, the county commissioners are required to make an order, based upon the public hearing. [See I.C. § 33-2704(5).] If the county commissioners determine that the proposed library district would be in keeping with the declared public policy of the state of Idaho regarding library districts, they may fix the boundaries and certify the name of the proposed district in their order granting the petition. In making this order the county commissioners may modify the boundaries of the district and the district name. Such modifications, however, can be made only in accordance with the “declared public policy of the state of Idaho” and references. [See I.C. § 33-2701.] Again, if the Working Group has been working with the county commissioners throughout the process, there probably will be no surprises at this point.