Colorado Politics

Colorado’s Parks and Wildlife chair’s decision to limit public comments sparks backlash from fellow commissioners

Last week, the chairman of Colorado’s wildlife commission unilaterally decided to limit public comments, complaining, in particular, that elected officials often “grandstand” at meetings and noting that the election season is well underway.

This week, the commission overturned its chair’s decision.

In fact, Jay Tutchton, the wildlife body’s chair, ultimately voted against his own decision.

Tutchton last week announced cutting the public comment time to one hour and to stop giving preferential time to elected officials who testify at commission meetings. He also eliminated the previous “first-come, first-served” rule for testimony. Instead, the commission, he said, would now call witnesses at random and allow only a third of them to be selected by online viewers.

Tutchton justified his decision at the beginning of Wednesday’s meeting at Otero College in La Junta, saying that, because it’s election season, some elected officials “grandstand” at commission meetings and that it is more important to hear from the public than the politicians who may represent them.

He added that elected officials have other means to reach out to the commissioners.

“Your phone calls get returned probably at a higher rate” than ordinary residents, he said.

“I would prefer to hear directly from the local people, rather than filtered through an elected official, even if they’re good at it,” Tutchton added.

Elected officials will be treated just like everyone else, he told the commission.

He added that he isn’t downplaying the value of public comment, but that capping the amount of time would keep the meetings on a timely schedule, given that public comments can sometimes go on for hours — something that, he said, he “failed miserably” at in the July meeting.

It’s hard on the commission’s staff when they don’t get home until after 3 a.m., Tutchton said.

Tutchton also claimed he spoke for all of the commissioners on the issue.

Not all members of the body agreed with Tutchton’s rule changes, including Commissioner Dallas May.

May pointed out that the body’s agenda belongs to the entire commission and that, once presented by the chair, the rest of the board can correct or adapt it. May also said any changes to the public comment policy are the “responsibility and privilege of the commission as a whole.”

He added that Tutchton’s revisions “will add to the already eroding trust that can only be viewed as an effort to discourage public participation in our process. The high volume of public comment requests is a reflection of the contentious nature of what this commission is tasked with.”

Public comment should not be limited solely to the commissioners’ personal convenience, May said, adding meetings should be extended as long as necessary to allow members of the public to speak.

He noted the commission’s policy on public comment that encourages the public to share viewpoints.

But, May said, in today’s meeting, “we have provided very little opportunity for general public comment.”

Regarding the issue of elected officials’ comments, which have traditionally been allotted at the beginning of the public comment period, May said it is done not to show favoritism but to allow for regional governance perspectives.

He noted that elected officials speak for thousands of constituents.

May suggested shaking up the agenda for Thursday and swapping time allotted for the commission to discuss the legality of a decision on hunting bag limits for certain species with the public comment period. He also wanted to make sure that elected officials got to testify at the beginning of the public comment period, as well as everyone else who signed up to speak.

“We’re here to serve the public,” May told the commission.

“There is no excuse,” he added, for ending the meeting by 1:30 p.m. Thursday if there are people waiting to offer public comment.

“The fact that we simply want to leave at 1:30 in the afternoon is offensive to me,” May said.

Tutchton said he is just trying to be responsive to staff concerns about late nights.

Commissioner Frances Silva Blayney noted that she had received questions from the public about whether they would have a chance to speak under the changes announced by Tutchton. She also said a “randomized lottery” to speak is a “really bad idea.” As a citizen who attends public meetings, she isn’t going to drive four, five or six hours to a meeting to “maybe” have an opportunity to speak, she said.

The commission is there “to hear the voices of this community,” she said.

As for elected officials, they are the voice of the people and in her year on the commission, she has never once heard a public official speak like they’re on the campaign trail, she said.

If anyone is being long-winded, it’s the commissioners, Silva Blayney claimed.

She also said she values in-person public comment, given the number of emails she receives before meetings, which sometimes exceed 1,000. That’s an impossible number to actually read and thoughtfully process, she said.

Public comment is not the reason for late meetings, added both Commissioner Tai Jacober and May.

The commission then voted on May’s motion to overturn Tutchton’s decision. It passed on a 6-5 vote.


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