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IU prof turns to ADR to encourage public participation in government

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The laws designed to allow members of the public to have a voice in their government are actually stifling the conversation, according to an Indiana University Bloomington expert.

Lisa Blomgren Amsler, professor in the IU School of Public and Environmental Affairs, is the lead author of, “Making Public Participation Legal,” a report by the National Civic League with support from the Deliberative Democracy Consortium. The study warns that in local and state proceedings across the country, “democracy is dwindling, three minutes at a time.”

Amsler and her colleagues note that the decades-old public meeting format where officials make a presentation followed by citizens having three minutes to ask questions or make comments provides little opportunity for interaction or deliberation.

“When combined with other kinds of engagement opportunities, traditional public hearings can work, mainly by providing a sense of closure and validation to public debate on an issue,” the report stated. “But since our legal framework supports only the bare minimum of deliberation, the pressure of dealing with contentious policy issues falls squarely on a format that isn’t up to the task.”

In turn, the relationship between citizens and their public institutions can fray, which can undermine the legitimacy and financial stability of government.

A working group that included representatives from the International Municipal Lawyers Association, the American Bar Association and the National League of Cities developed new legal tools for public participation in local and state governments. Amsler said the tools drew inspiration from the alternative dispute resolution laws.

“Simply by authorizing public agencies to use mediation, facilitation and other ADR processes, those laws resulted in a dramatic proliferation of these practices at every level of the legal system,” Amsler stated in the report.

Key recommendations from the study for improving public participation include:
• Giving residents, decision-makers and other stakeholders regular opportunities – in a variety of places such as online forums, public meetings, and gatherings in neighborhoods, schools and workplaces – to build relationships, discuss issues and celebrate community
• Inviting people of all backgrounds and viewpoints to participate so the same citizens don’t dominate meetings
• Ensuring participation has a tangible and readily apparent impact on policy decision, public plans and public budgets
• Appointing a “public participation coordinator” within City Hall and setting annual participation goals
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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