
Viewpoint: A letter to Chairman Usher over testimony denial
Evan Barrett
Chairman Usher,
I write this email because I (and I understand at least 4 more individuals) were denied the ability to testify as opponents to SB 42 during the hearing Thursday morning. I sat and listened for 1-1/2 hours and then raised my hand, but I wasn't recognized in spite of the fact that I registered to testify Wednesday afternoon.
The registration site on the legislative web site told me I was successfully registered and said I would get a confirming email through which I could log in and testify. I received the email. I used my mobile device to join the Zoom hearing. While several times during the meeting you mentioned the need for those wanting to testify to provide a full name, there was no way provided in my mobile device to type in anything.
After I was shut out as a testifier and Q/A by the committee began, I called IT on my land line to get help, while continuing to watch the hearing. IT was courteous but could not help. They said there had been problems with the list of names provided to the Chair, something which had also occurred on Tuesday, but you worked around it, allowing testimony.
He also told me that my name was not on the list provided to you for Thursday morning. But I know you knew I was there because I showed on the screen as "Evan" or "Evan B" and was noticed by Vice Chair Olsen who tried to call it to your attention, to no avail.
Remember, my mobile device did not allow me to type in anything further. Eventually, to my immense frustration, the hearing on SB 42 ended without me being recognized and given an opportunity to speak. Once done with the IT discussion, I disconnected in disgust.
Now, the testimony I was prepared to give was information that had not been brought forth from anyone else during the hearing. In that way, the testimony was unique, and the committee was denied the opportunity to hear it, just as I was denied the opportunity to present it.
As I probed about in anger to get to the bottom of this, I learned that at least four more people were waiting in line to testify in opposition remotely - a member of the Northern Plains Resource Council, a member of the League of Women Voters of Montana, and two retired District Judges.
As a constitutional historian, honored as a "Heritage Keeper" by the Board of Trustees of the Montana Historical Society, I am personally offended by your denial of my right as a citizen to testify remotely as generously offered by the Legislature. But I am even more offended by the denial of the other four (maybe more?).
At this point the committee has been denied as well - denied the ability to hear testimony salient to the important bill.
I could not come to Helena to testify at the hearing. I am a very slow typist, so I desire to testify verbally, not in writing. I hold precious my unique "Right of Participation" in Article ll, Section 8 of the Montana Constitution, and as a Montana citizen, feel deprived.
Given all of these circumstances, I request that you, as Chair, hold any executive action on SB 42 in abeyance until testimony is completed; that you reopen the hearing for remote verbal testimony; and allow all who were in line as opponents to your bill to testify.
Because of the seriousness of this denial situation, I have copied the Speaker, the head of Legislative Services, and the lead attorney for Legislative Services. I have also copied members of the committee, so they are aware directly that this request has been made and are aware that they have been denied salient testimony.
Please rectify this situation by honoring my request. Our effort to make our democracy function properly for "We the People" hangs in the balance as I await your decision.