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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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