Public Hearing Protocols

Notice for Commission hearings to be held remotely (via Zoom or other app) will be posted on the Commission calendar website, the official posting site for Commission proceedings, and also noted on the MVC Extended Schedule.

Notice will specify that the hearing is to be held remotely and will include a link to this page, which explains the remote hearing process in detail (including information how to access the remote hearings and further details as to how the public can participate).

Notice of remote hearings will be provided to abutters in the same manner as a hearing held in the Commission chambers. The notice will provide all necessary information to join the meeting, reference the remote hearing format and, as above, will include a link to this page which explains the remote hearing process in detail (including information on how the public can participate.)

In order to attend a remote public hearing, individuals can use the remote hearing link, the Meeting ID and password, or the dial-in by phone information, included in the public notice, and which will be posted on the Commission calendar webpage on the day of the hearing by no later than 12 PM. 

While any member of the public may "attend" the public hearing via the remote access app, they will be muted throughout the hearing and will not be permitted to address the Commission unless/until the Chair recognizes them, as set out below.

The Chair of the Commission will run each remote public hearing.

When the public hearing is opened, attendance of the Commissions will be taken and the Chair will then explain the remote hearing procedures and protocols that will apply to the hearing.

All hearings will be live streamed on MVTV. If an individual is having any technological issues with Zoom (or other app), they are encouraged to watch the hearing there and send in written testimony with their questions and/or concerns. A video recording of the meeting can also be made available to members of the public upon request.

In general, the hearing will be run in the same order as non-remote hearings: MVC staff will provide a brief report; the applicant will present their proposal; Commissioners will be given the opportunity to ask questions; testimony from the public will be taken with individuals speaking in their capacity as representatives of public/Town offices going first. Testimony from members of the general public will follow. At the discretion of the Chair, follow-up will be permitted.

Given the constraints of a remote hearing, Commissioners may be permitted to ask questions only as specified times during the public hearing and, in any event, only as permitted by the Chair. Typically, Commissioners will be given one opportunity to ask off of their questions of staff and the applicant, though the Chair has discretion to vary this approach.

Any person not presenting or testifying will be muted by the remote hearing administrator and will only be allowed to speak when recognized by the Chair and enabled by the hearing administrator. Persons wishing to speak, including public officials and other members of the public, once recognized by the Chair, will be unmuted.

The Commission may schedule a continuance of the hearing to enable Commissioners, the applicant, members of the public and others to respond to matters that they may not have had the opportunity to respond to.

All testimony, in any format, must be received by the Commission by the close of the hearing, or if a later date is set by the Chair, then no later than 5:00 PM on that date.

Applicants should note that all materials to be presented at the hearing must be provided to the Commission by no later than 12:00 PM on the day before the scheduled hearing. (This also applies to any materials to be submitted in connection with the oral testimony of a member of the public.)

All materials will be shared/displayed at the hearing from a Commission computer with maximum picture size to the extent feasible. (Each slide will be clearly marked, eg. "Staff pg. 1" or "Applicant pg. 1," making it easier to refer to a slide at any point during the hearing.)

The Commission will make every effort to have all materials that will be presented at the hearing available on the Commission website no later than 12:00 PM on the day of the hearing.

Members of the public who wish to submit written testimony may do so. It must be either emailed to Lucy Morrison ([email protected]), mailed (P.O. Box 1447 Oak Bluffs, MA 02557), or dropped off at the Commission offices (33 New York Ave, Oak Bluffs). The Commission will accept written testimony up until the close of the public hearing (and possibly for a limited period of time after the close if the written record is extended - this possibility will be explained at the time the public hearing is closed).

Members of the public are urged to submit written testimony in lieu of oral testimony if possible.

Any member of the public (including individuals speaking in their capacity as representatives of public/Town offices) who want to offer oral testimony at a remote public hearing is encouraged to register by emailing the following information to Lucy Morrison ([email protected]) at least five hours before the scheduled hearing start time on the day of the hearing. Registration information must include:

• Name
• Name on screen (Note: this may be different from the registrant's name)
• Email address
• Cell phone number (to enable communication by text if transmission issues arise during the hearing)

Pre-registration is intended to enable the MVC to run the hearing more efficiently. Registrants will be included on the "speaking list" and will be called on before those who have not pre-registered. 

Once the registration information is received and verified by the Commission staff, registrants will be notified by email that they are eligible to participate and offer oral testimony. Where practicable, the speaking list will be posted online and emailed to registrants so speakers can anticipate their turn. (Note: If time does not permit all pre-registered speakers to speak, the hearing will be continued.)

Members of the public who have not pre-registered may still offer testimony at the hearing if time allows (and, if it does not, they may offer testimony at any continued hearing). In order to alert the hearing administrator that they would like to speak, the individual must notify the hearing administrator using the "chat" (or similar) feature that they wish to speak. Individuals can also raise their hands, either actually or virtually, to initiate a chat (or similar feature) with the hearing administrator to be put on a list to speak. Individuals must include their name, email address and telephone number (as with pre-registration) and, if they wish to ask a question, they should include the person to whom their question is directed. (Alternatively, if the hearing is to be continued, individuals wishing to testify may pre-register as outlined above).

When the Chair is ready to recognize a speaker, the speaker's name will be announced and the hearing administrator will unmute that speaker. The speaker should wait for confirmation from the hearing administrator after their name is announced before starting to speak.

Testimony by members of the public may be time limited by the Chair and subject to other remote hearing protocols (as established by the Chair and explained at the opening of the hearing).

After all testimony is complete and if the Chair determines there is time, the Chair will allow follow-up Q and A. The process for public participation in the Q and A is as above for registering to provide testimony during the hearing.

Members of the public are urged to not repeat matters stated in their filed written testimony, if any, and should not repeat the testimony of others. A statement of concurrence with the views expressed by others who have previously testified is sufficient. In addition, persons testifying at one hearing are aked to not offer the same testimony at any continued hearing.

The Chair has the discretion to call an end to the testimony of any member of the public if the testimony is not relevant, repetitive or is otherwise inappropriate.

Members of the public must not provide testimony or any information to a Commissioner outside of the public hearing once an application has been referred to the Commission.