The resolution on the budget proclaims that “public hearings were held,” not stating when, and the May 19 agenda does not give notice there is a public hearing on the budget.
The Open Meetings Act requires agendas be written with sufficient specificity for the public to know what is to occur.
The online packet also does not include the preliminary budget, making it near impossible for the public to be informed and to give meaningful input on the preliminary budget.
The ordinance that prohibits open burns also states that a public hearing was held on May 19, but the agenda does not state a public hearing will be held on the ordinance.
The ordinance is also a “proclamation,” according to the document in the online packet. It states the county is experiencing a “moderate drought.”
No open burns are allowed in the unincorporated areas without a permit from the Sierra County Emergency Services Administrator, who is currently Paul Tooley.
One must get a permit for campfires, which are defined as three feet across and three feet high. Anything larger is in the general category of an open burn.
“Controlled fires” are another category which requires a permit from Tooley, which are undefined in the ordinance/proclamation. Even with a permit controlled fires can only be conducted between 5 a.m. and 10 a.m.
Penalty for disobeying the burn ordinance is a misdemeanor punishable with a fine up to $300 and 90 days in jail.
HOW TO ATTEND
The meeting is physically closed to the public. According to the agenda, one may attend online at:
Facebook page: SCEmergencyServices
Facebook page: SierraCountySentinel.KCHSRadio
YouTube: KCHSRadio
Dish Network: Channel 371, on YouTube
Or one may listen in via radio, KCHS 101.9
Sierra County Manager Bruce Swingle, when asked about the “public hearings” on the preliminary budget, said none had been held and none will be held and the resolution would be corrected during tomorrow’s session. He said the preliminary budget is due to the state by June 1 and is not available to the public at this time.
Swingle said there will be no public hearing on the burn ordinance either. He said it was discussed in an open meeting April 21 and “the public has had 30 days to respond.”
Sierra County Human Resources Administrative Director Serina Bartoo said public comment can be submitted to her email address: sbartoo@sierraco.org.
Asked if open session after executive session will be part of the online meeting session, Swingle said it would.
The Sierra County Commission will go into closed session on three “pending or threatened litigation” cases:
Freedom From Religion Foundation v. Sierra County Sheriff
Sierra County v. Montoya
Eddy County v. State of New Mexico
The Commission is expected to take action after executive session on Eddy County v. State of New Mexico, giving the staff a “directive,” according to the agenda. Swingle did not know if this is an actual case that has been filed or if it is threatened litigation.