TRANSPORTATION SOLUTIONS DEFENSE AND EDUCATION FUND
16 Monte Cimas Avenue
Mill Valley, CA 94941
October 5, 2002
By Fax and E-mail
Mr. Francis Chin
Metropolitan Transportation Commission
101 Eighth Street
Oakland, California 94607-4700
Re: Convening Authority for upcoming public hearings
Dear Mr. Chin:
TRANSDEF has repeatedly questioned your agency as to what body formally conducts Public Hearings. At the July 10, 2002 hearing for a Draft TIP, you gave the only response we've heard so far on this issue. You responded to PAC Chair Sharon Wright's question, which had initially been proposed by me, that "the Commission conducts Public Hearings" (available at 9:17 on the audiocast recording).
Given this position, we fully expect you to notice Public Hearing as meetings of the Commission, that a Commission agenda be circulated, that the Commission roll be taken at the hearing and that the hearings be chaired by the Commission Chair. Absent these common sense elements, we believe the two Public Hearings noticed for the week of October 7 will have been improperly noticed and conducted, and thereby will not qualify as having fulfilled your agency's requirement to conduct Public Hearings.
Alternatively, you could choose to abandon the 'Commission as conducting authority' theory, and formally acknowledge the Committees' responsibility. We believe it would be procedurally appropriate to re-notice the committee agendas that currently follow the proposed hearings, and add the Public Hearings to those agendas. Should you decide to issue further notices, we would appreciate receiving courtesy copies by e-mail to the address David @Schonbrunn.org Thank you for your attention to this request.