The Commission seeks to
develop consensus-based policy decisions and recommendations. General consensus
is a participatory process whereby, on matters of substance, the members strive
for agreements which all of the members can accept, support, live with or agree
not to oppose. In instances where, after
vigorously exploring possible ways to enhance the members’ support for a final
decision on an issue and the Commission finds that 100% acceptance or support
is not achievable, final decisions will require at least 75% favorable vote of
all members present and voting. This
super majority decision rule underscores the importance of actively developing
consensus throughout the process on substantive issues with the participation
of all members and which all can live with.
In instances where the Commission finds that even 75% acceptance or
support is not achievable, publication of recommendations will include
documentation of the differences and the options that were considered for which
there is more than 50% support from the Commission.
The Commission develops
its decisions and recommendations using consensus-building techniques with the
assistance of the Facilitator (i.e., brainstorming, acceptability ranking,
prioritization, etc).
The
Commission’s consensus process is conducted as an open process consistent with
applicable law and rule. Commission
members, staff, and facilitator are the only participants seated at the table,
and only Commission members may vote on proposals and recommendations. To the
extent reasonable, on each substantive issue the Commission shall identify and
evaluate the full range of options prior to offering a formal motion. This
ensures that the Commission makes the best possible decision informed by the
public’s and Commissioner’s perspective on the issue and range of alternatives.
Substantive Discussion Issue Process
Overview
·
Issue is
presented to the Commission,
·
TAC, POC,
Workgroup, Ad Hoc, or staff recommendations are presented,
·
Commission
asks clarifying questions (addresses a specific point that is not understood),
·
Commission
identifies any additional options they want discussed/evaluated,
·
Public is
provided an opportunity to comment on the options, and/or to offer alternative
options for Commission consideration,
·
Commission
discusses the range of options,
·
A motion is
made for a specific action on the issue,
·
Commissioners
may, though the Chair or Facilitator, request clarification from the public,
·
If the motion
involves an option the public has already provided input on, then the vote is
taken following any additional Commission discussion; if the proposed action
(motion) is materially different from what was previously discussed, an
additional opportunity is provided for public comment, and then the Commission
votes on the motion.
To enhance the
possibility of constructive discussions as members educate themselves on the
issues and engage in consensus-building, members agree to refrain from public
statements that may prejudge the outcome of the Commission’s consensus
process. In discussing the Commission
process with the media, members agree to be careful to present only their own
views and not the views or statements of other participants. In addition, in
order to provide balance to the Commission process, members agree to represent
and consult with their stakeholder interest groups to the extent feasible.
Discussion item is
introduced and any background information provided. If there is a specific
action requested of the Commission, the proposal is summarized and any
rationale provided.
Chair or Facilitator asks
Commission members only for clarifying questions (a clarifying question addresses
a specific point that is not understood, and should not indicate support or
opposition to the proposal).
After questions, the
Chair or Facilitator opens the issue up for discussion. All Commission members
wishing to speak must raise their hand(s) and be acknowledged by the
Chair/Facilitator prior to speaking. Commission adopted meeting guidelines are
in effect at all times.
Following Commission’s
preliminary discussion on a substantive issue, the Chair or Facilitator asks if
any members of the public wishes to address the Commission on the current issue
under Commission consideration. Members of the public will be provided one
opportunity to comment per discussion/agenda item, and may be time limited
depending on number of people wishing to speak and number of issues on the
agenda. The Facilitator serves as the moderator for public input. The
Facilitator asks for those who wish to speak in favor of the proposal or topic
under discussion to offer brief comments, others who wish to speak in favor are
asked to offer new points or simply state agreement with previous speakers. The
same opportunity and requirements are offered for those who wish to speak in
opposition to the proposal or topic under discussion. In addition, the public
may offer alternative options for Commission consideration. The Facilitator
ensures that the full range of views are expressed and similar views are not
repeated. Members may, through the Chair/Facilitator, ask clarifying questions
to members of the public offering comments. This process is used for
substantive issues and not for procedural matters before the Commission.
After
discussion and public comment, a Commission member may offer a motion for an
action on the issue. If there is a second to the motion the Chair/Facilitator
calls for discussion. Once a motion is made and seconded, the discussion is
restricted to only Commission members unless the Chair/Facilitator requests
specific clarification from a member of the public. Commission members may
request specific clarification from a member of the public through the
Chair/Facilitator at any time. A member may wish to second a motion for the
purpose of Commission discussion and not necessarily as a show of support for
the motion. If the motion involves an option that the public has already
commented on, then the vote is taken, if the proposed action (motion) is
materially different from what was previously discussed, an additional
opportunity is provided for public comment, and then the Commission votes on
the motion.
Only motions to approve
are considered. If there is no motion after discussion the requested action is
not approved, and “dies” for a lack of a second.
In addition, members of the public are welcome to provide input to the Commission during the public comment period provided at each meeting, and all comments submitted on the blue “Public Comment” forms provided at each meeting are included in the Facilitator’s summary reports.