[Vision2020] resigning before speaking

[Greg Brown]

Barbara Richardson wrote:

>Bill,
>
>My understanding is that State Law and Moscow Ordinance prohibit a member of
>the planning commission from taking an advocacy role in any case in which
>he/she has been a party.
>
    In my (albeit limited) search of the City Codes and Idaho State 
Statutes, I could find
no statute or ordinance that supports the City in adopting hearing 
procedures that
would deny the right of an "affected" individual to testify at a public 
hearing, regardless
of membership on some board or organization.
  
    If the City has adopted administrative procedures that state as 
much, these
procedures conflict with the state law cited below that explicitly 
provides for
all affected parties to testify.  Mr. Curley does not waive his right as an
"affected" citizen by sitting on a board.  I don't think the courts 
would look
very favorably upon administrative procedures that preclude or penalize an
"affected" party from testifying, regardless of who they are or who they 
represent.

    Moscow public hearing procedures needs to come out the dark ages and
embrace democratic principles.

-- 
Greg Brown (gregb@alaskapacific.edu)
Associate Professor and Chair
Environmental Science Dept.
Alaska Pacific University
Anchorage, AK  99508
(907) 564-8267  FAX: (907) 562-4276
http://polar.alaskapacific.edu/gregb



                                 TITLE  67
                    STATE GOVERNMENT AND STATE AFFAIRS
                                CHAPTER 65
                          LOCAL LAND USE PLANNING
    67-6534.  ADOPTION OF HEARING PROCEDURES. The governing board shall, by
ordinance or resolution, adopt procedures for the conduct of public hearings. 
At a minimum such hearing procedures shall provide an opportunity for all 
affected persons to present and rebut evidence.