Virtual government meetings allow greater access for public

By Matt Bittle
Posted 2/28/21

2020 marked the first time legislators met remotely and the first time video of the proceedings was broadcast on the General Assembly’s website. Those practices have continued this year.

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Virtual government meetings allow greater access for public

Posted

DOVER — Almost a year. That’s how long it’s been since COVID-19 was first officially detected in Delaware.

March 11 marks the one-year anniversary of the first confirmed case here, a year that has seen changes scarcely imaginable in 2019. Every sector, every field, every corner of society has been impacted.

One of the changes that may be overlooked by many is what’s happened to state government.

Delaware, like everywhere, has had to adapt to COVID-19. Society has continued to function, albeit in different and generally reduced ways. It’s been tough for entities in the private sector, which have had to rely on government assistance to a far greater degree than normal.

At the same time, demands placed on Delaware’s government have intensified, even as it faces many of the same challenges businesses, nonprofits and families have been confronted with.

Just as Zoom has become a household term, Delaware has made great use of the platform for online meetings.

After the first coronavirus case hit Delaware, the General Assembly extended its six-week break indefinitely. Lawmakers eventually returned in late May after four months away.

But even then, they met virtually, a practice that has continued this year with the new legislative session. Legislators convened in January with hopes they could begin in-person events in March, although some Republicans wanted to start right away.

“It is absurd to eliminate personal contact with citizens and then claim you are doing them a favor by providing the feeble substitute of online access,” Senate Minority Leader Gerald Hocker, R-Ocean View, said in a statement when plans for beginning session virtually were announced in December.

“A Zoom session or any other virtual meeting is an inadequate replacement for face-to-face interaction. Online meetings are easy to control and manipulate. They lack the emotion, energy and intensity that is tangible when dozens or hundreds of people come to Legislative Hall to advocate for a subject about which they are passionate.”

Despite GOP hopes, the legislature appears set to remain in remote session when it returns on March 9 after a break. The exact schedule for the rest of session remains up in the air, weighing on factors such as vaccination progress.

While it’s possible the General Assembly will begin holding at least some meetings in Legislative Hall this year, it will, at least for the time being, continue utilizing Zoom.

2020 marked the first time legislators met remotely and the first time video of the proceedings was broadcast on the General Assembly’s website. Those practices have continued this year.

For the Joint Finance Committee budget hearings that took up most of February, some members gathered in Legislative Hall, spread out from one another in the chambers and (mostly) wearing masks. Others took part from their homes or offices, as did state agency officials and members of the public offering comments.

Access

The online nature of the proceedings has enabled the legislature to keep track of public engagement over the past month or so. Of the 19 meetings held in one of the chambers from Jan. 21 to Feb. 23, a period that includes Senate and House sessions, Joint Finance Committee meetings and one Senate committee gathering, there were, on average, 42 people watching along live. That ranged from a low of 15 for the Senate Executive Committee on Jan. 27 to a high of 79 for the Senate session on Jan. 21.

On average, seven people per forum have tuned in afterward on legis.delaware.gov to catch the happenings.

The first 11 days saw between 59 and 158 people each, with 79 unique individuals watching per day on average.

Nine Senate committee hearings Jan. 19-27 drew a total of 448 unique viewers. That’s an average of 50 per meeting, although it’s worth noting two of those meetings combined brought in 223 people.

Removing those two brings the average number of unique participants to 32.

Unlike JFC hearings, these committee meetings were not streamed to the legislative website. Instead, participants signed up to watch through Zoom.

The 13 House committee meetings in January drew 962 unique visitors (an average 74 for each). Those attendees provided 161 public comments, or about 12 per meeting, a number that exceeds the usual level of engagement.

Save for particularly contentious bills like gun control or marijuana legalization, most proposals draw no more than a few comments each, and it’s not at all unusual for the number of speakers in a committee hearing to be in the single digits.

Aside from lawmakers, lobbyists and others who are paid to follow the General Assembly, perhaps no one has paid more attention to legislative happenings this year than Amy Solomon. The Wilmington resident has taken advantage of the virtual meetings, tuning in frequently and often signing up to comment on issues, such as throughout February budget hearings.

“I think it gives people more access,” she said of the virtual nature of session. “I’ve been surprised that given the increased access of having it on your screen and not having to drive down to Dover that more people haven’t been giving public comment, but at least it’s there.”

It’s easier than ever to stay up to date because you can take part from your own home or office, she said, noting many people are unable to take time off work and come to the state capitol in the middle of the day to weigh in on legislative issues.

Ms. Solomon, who started attending meetings at Legislative Hall in 2020 before the pandemic, believes virtual access should continue once COVID-19 is no longer a threat. That doesn’t mean in-person meetings should go the way of the dinosaurs, she noted, pointing out that attendees have certain benefits not available to those watching online.

David Mangler, a spokesman for the Delaware Department of State, said public participation has remained mostly static with some increases, though fewer meetings have had to be canceled due to lack of a quorum.

“Initially nearly all of the board or commission meetings held virtually were held telephonically utilizing Skype. Many board members and staff wanted to transition to technology that allowed video as well as audio, such as a Zoom platform,” Mr. Mangler wrote in an email. “Once the staff became familiar with Zoom, it became the platform of choice.”

The agency hasn’t had much of an issue with technical difficulties, he said.

The legislature has encountered some technical issues, but they’ve mostly been minor. The chief problem has been people forgetting to unmute themselves, although some lawmakers have had to take part from their offices in Legislative Hall because of poor internet connectivity at home, an issue that mainly plagues rural Kent and Sussex counties. (Staffers who have had to help lawmakers, some of whom are older and unfamiliar with computers, use Zoom might tell a different story of the ease of virtual session, however.)

The Department of Natural Resources and Environmental Control held 27 public hearings in 2020, of which 21 were virtual, per a spokesman.

Attendance has generally remained consistent, with perhaps a slight uptick because of the convenience of tuning in virtually, said Michael Globetti.

“Elaborating on that ease of access, virtual hearings have many advantages over in-person hearings. Beyond travel and weather considerations, DNREC’s transition to virtual hearings also makes it possible for the public to immediately access DNREC exhibits from the DNREC website (each hearing has its own solely dedicated webpage),” he wrote in an email.

“The current policy is that exhibits are posted as ‘DNREC Proposed Exhibits’ one week prior to the hearing on that hearing’s webpage. The public can now review the hearing page, review/download the exhibits, review the transcript of the hearing (it is posted immediately upon receiving it from the court reporter) and have a much better knowledge base of the subject matter prior to offering comment, should stakeholders wish to do so.

“In step with DNREC’s pivot to virtual hearings, the entire commenting process has become more streamlined: People can review documents, pre-register to speak live at the hearing, and/or submit their actual comments for inclusion into the hearing record – all from the hearing webpage dedicated to that matter.”

Engagement with the Department of Transportation has increased, per a spokesman for DelDOT.

The Delaware State Board of Education, meanwhile, has witnessed a small increase in attendance since the pandemic started, according to Executive Director Jenna Ahner. The state of emergency has enabled the board to meet virtually. Once that is lifted, it will go back to in-person meetings.

Kent County has also utilized technology to a greater degree. Anecdotally, county spokeswoman Kelly Pitts said, more media outlets are tuning in for hearings now.

Gov. John Carney drew some criticism last year as the pandemic stretched on with no end in sight and the Freedom of Information Act remained suspended under the state of emergency. In September, his office announced public records requests would begin again after six-and-a-half months.

At some point, the pandemic will end, and it will be safe to convene in person again without having to worry about masks, social distancing or any of the other things that have been in vogue over the past 12 months.

While Delaware law places certain restrictions on meetings — in normal times, public bodies with members elected by the public cannot meet by video-conferencing — virtual forums could continue in some capacity post-coronavirus. A hybrid option, which has many of the advantages of both in-person and remote gatherings, will probably be adopted to a greater degree, though lawmakers would have to adjust the state’s public meeting law.

“DNREC feels that it’s safe to say – that, as we all come to terms with whatever the ‘new normal’ will be in the post-pandemic world – virtual hearings are here to stay, as one of the many ways that DNREC interacts with the public to engage and maintain the department’s transparency whenever such proceedings are necessary,” Mr. Globetti wrote.

“Throughout the pandemic, we have continued to conduct the work of the department, and technology has allowed us to do that. We have been able to conduct public meetings, public hearings, participate in forums, conduct stakeholder outreach by holding public workshops and community listening sessions, issue DNREC’s wide range of permits, and to sell hunting and fishing licenses and Delaware State Park annual passes.”

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