[Vision2020] resigning before speaking

[Philip Cook]

On 18 Dec 2002 at 13:06, Barbara Richardson wrote:
> 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. 


I can find no such prohibition against a P&Z member speaking in Idaho 
Code or Moscow Code. Could you please be more specific as to title and 
section that you are interpreting as such?

Moscow Code for public hearing procedures (Title 4, Section 10) says that 
for Type II hearings, "both hearings are de novo hearings which allow 
presentation of any pertinent information regardless of prior participation in 
the process" (Sec. 10-5.A.1.). My interpretation is that Mike's prior 
participation should have no bearing on his ability to bring pertinent 
information to the second hearing.

Furthermore, in its role regarding zoning changes, P&Z's role is advisory--  
only providing recommendations to Council. Council does not have to 
accept the P&Z's recommendations, and Council's decision is not 
appealable to P&Z. What was the problem with Mike testifying as either 
P&Z member or private citizen?

Will this decision--to keep an advisory commission member from testifying 
at Council hearings--set a precedent for other city advisory commissions as 
well?

I eagerly await the answers to Bill's questions from the City Supervisor 
and/or City Attorney, and hope that the opinion contains references to 
specific laws and court cases that the City is using to justify the decision. 
Until such a justification is made public, the decision appears to be 
arbitrary and capricious.

Philip Cook

> -----Original Message-----
> From: vision2020-admin@moscow.com [mailto:vision2020-admin@moscow.com]On
> Behalf Of Bill London
> Sent: Wednesday, December 18, 2002 9:59 AM
> To: Mike Curley; Vision2020; gary riedner
> Subject: [Vision2020] resigning before speaking
> 
> 
> I do not understand why Mike Curley had to resign from the city Planning
> and Zoning Commission to speak about a zoning issue at the last Moscow
> City Council meeting.  Is that really what happened?
> Why is it illegal or improper or whatever for a citizen (especially one
> well informed on the issue) to speak to the council on an important and
> contraversial proposal?
> The P and Z commission had discussed this issue and made a
> recommendation on it to the council, as I understand, and Mike Curley
> wanted to speak about it.  Why was he not allowed to speak, unless he
> resigned?
> I do not get it.
> I am sending this to City Supervisor Gary Riedner as well, asking him to
> explain this to me and to the V2020 list.
> BL