The Virginia Coalition for Open Government, Transparency Virginia and other advocacy groups have drafted a letter to the Virginia Speaker of the House offering suggestions for soliciting public comment during the VA 2021 legislative session which will be conducted "all-virtually."

The lack of clarity or published rules of proceeding by Kentucky's legislature make it difficult to emulate this model, but Kentucky lawmakers would do well to implement any or all of the suggestions set forth in VCOG's letter.

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The Honorable Eileen Filler-Corn

Speaker of the House

P.O. Box 523082

Springfield VA 22152

Dear Speaker Filler-Corn:

On behalf of the Virginia Coalition for Open Government, the Transparency Virginia legislative watch group and the undersigned advocates, lobbyists and organizers, we write today with observations and suggestions for ensuring and enhancing public participation during the House of Delegates' 2021 all-virtual session.

The 2020 Special Session was the first time experimenting with all-virtual committee meetings and floor sessions. Members used Zoom to call into the proceedings, and the public was able to use the House's existing streaming service to observe. As in past "normal" times, the streaming of floor sessions and committee meetings allows citizens who would never be able to attend an in-person meeting to observe from their homes and offices.

Lobbyists and advocates — some citizens, too — were able to both observe and offer testimony on bills in a brand-new virtual way. In talking with these various groups of people about their experiences with giving public comment in a virtual session, most understood that they had to adapt, however most also noticed areas where the system could be improved.

It is important to remember that in-person sessions involve interactions among the public, not just interactions among lawmakers. In person, when their time is called, proponents or opponents of legislation line up for their turn to speak. They can see each other. They see allies, they see adversaries. They can adapt their comments accordingly. When committee chairs impose time limits on speakers for one side or another, there is an opportunity for speakers to coordinate. And if time runs out before they get their say, they can nod or raise hands to show agreement with others. They are seen by lawmakers and others.

Because in-person meetings carry with them more than just the conveyance of words, opinions or testimony, virtual public comment can be a hollow and often confusing experience. It is in the spirit of creating a more dynamic process for the public to participate in all-virtual meetings that the following suggestions are thus offered:

An upgraded meeting technology platform that accommodates more total observers and participants.

At the sign-up stage for offering public comment, a display of who has already signed up to testify (pro and con) on each bill.

Alternatively, or in addition to the above, a display during a person's testimony of his/her name, organization and the queue of witnesses to follow.

Allow speakers to remain in the meeting through the duration of discussion and action on the bill they are signed up to testify for. Staff tasked with running the meeting can ensure that microphones are muted.

Allow speakers to sign up to comment on multiple bills.

Extend the deadlines to sign-up for comment and/or give greater advance notice of meetings and agendas.

Create a shared repository of written comments submitted through the sign-up system and prominently display or highlight where it can be accessed.

Provide an easy link alongside the meeting to the meeting's agenda.

It would also be beneficial to take a page from the K-12 and higher education playbook and have members guarantee office hours for the public to virtually visit and offer perspectives on pending legislation.

While we understand it will be impossible to fully replicate the in-person experience, we are confident that the hard-working staff of the House clerk's office can and will customize the system to remedy any shortcomings the leadership confirms are a priority.

In-person meetings and sessions may be unsafe under the current pandemic, and as advocates for Virginia citizens on a wide variety of topics and causes, we are aware that we must reorient ourselves to this current environment, just as lawmakers are doing. However, we remain convinced that improvements can be made to enhance and amplify the public's voice as we all strive to shape sound public policy in Virginia.

Signed with the utmost appreciation and respect,

Megan Rhyne

Virginia Coalition for Open Government

Transparency Virginia