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Home My WebLink AboutP&Z training 10.5.23Workshop Topics Rules for quasi-judicial actions How to have successful meetings and make good decisions Robert's Rule of Order - How to make motions The authorities for planning in Idaho Roles and relationships of planning decision-makers Rules for Quasi-judicial Actions ^Na^ Ex-RartejGontacts pperfmeeting Public|Hearirig D ec i s i orTon t KeTeco rd Rules for Quasi-judicial Actions Conflict of Interest .No economic interest in decision 'Disclose in advance 'Step down- no participation in the proceedings Un-biased 'Actual or display bias Must be impartial and disinterested Ex-parte Contacts >No discussions outside the hearing .Disclose in quasi- judicial (OK in legislative decisions) Rules for Quasi-judicial Actions Open Meeting .Quorum required 'Public notice 'No sequential meetings Meeting open to the public Public Hearing Notice required Right for individuals to be heard Decision on the Record .Transcribable record 'Individuals identified 'Record of all written materials, maps and exhibits Successful Meetings and Decisions 1. Preparation. . Have time to prepare. . Read and review all the material. . Ask questions. . Jot down notes. 2. Staff Support . Timely . Accurate . Objective . Clear and concise Successful Meetings and Decisions 3. Agenda . Available " Followed 4. Minutes Summary action minutes only Do not waste time on minutes 5. Role of Chair Most critical role Sets the tone and maintains control Maintain perspective, big picture Morale builder, cheerleader Create cohesion, bridging differences Expert in parliamentary procedures Successful Meetings and Decisions 7 8 Public Hearing . Have rules, available to the public and stick to them . Keep it formal but comfortable . Speak through the chair Ask questions Avoid questions of staff during the public testimony Two Phases of Public Hearings Fact-finding Staff Presentation Applicant Testimony Commission Deliberation Public Hearing is closed Discussion Public Comments Motion and Decision Staff Presentation Basic facts about the application or proposal Relevant planning policies and code provI^rrSs -';"ft ^. Information gathered during the process^ /^!^ Recommendations Do You Hc-nesly Believt Wt Rrally H<s\t Enuw^ Jn/"r7na(Ton (c Justify a D/ciiifm? Any additional information the commission should seek during the application and public testimony Applicant Testimony 'Stick to time limits (10 minutes) 'Require applicant to focus 'Ask clarifying questions 'Do not be intimidated by experts and attorneys ' Do not give deference to those you know {IWWi PLMWINfi hy Pohert A ^."MSS. AICP DON T THtNI OF IT kS "BIG B0»f KETAII.: THINK OF IT AS k WESk-SIZED "MOM km rov SHOT! ^j^ BLrf Box cls'.'e^pR rK "cflinpeLc" with t.he Mnm ^- Pftp shops " ^^r.a.r.^onc iirt -^\ r^.Public Comments '/ .Use sign-up sheet .Must be recognized by chair, speak from podium and provide identity 'Stick to time limits (3 minutes) 'Testimony in support, in opposition, neutral 'Encourage fact-basect testimony and reasons for position 'Discourage duplication 'Provide spokesperson extra time f^, Commission Discussion . Preparation * Active listening . Take notes . Ask meaningful questions During the Commission Discussion . Participate . Ask for clarification . Monitor "air time". . Remember the record . It is Commission Discussion-not a dialogue with staff or the public. . Deliberate not negotiate . Keep an open mind, but express disagreement - silence means consent. . Do not poll- work toward consensus-not full agreement. . Unanimous decision is not necessary. Ten Commandments of Good Quasi-judicial Decision-making 1. Follow the Code 2. Avoid politics 3. Be politically correct and dignified 4. Consider all the evidence 5. Make a good record 6. Make written findings and conclusions 7. Support the decision with real evidence 8. Impose only lawful conditions 9. Do not invade the province of staff 10. Think like a judge, act like a judge and decide like a judge Making Motions-General Guidelines . Staff prepared motions . Follow parliamentary procedures . Speak clearly and concisely . Stay on the subject . State motion affirm ati vely, //1 move that we..." One motion at a time. Making Motions-Basic Outline 1. "Move to..." and then describe the action A. Approve B. Disapprove C. Approve with conditions 2. If there are conditions: A. State them B. Reasons for the condition 3. Motion is seconded 4. Discussion on the motion 5. Chair calls the Question A. Asks if there is a need to re-state the motion B. Restates the motion or has recorder do so 6. Vote on the motion 'Hold that insightful legal point until we're back from commercial." Idaho Authorities to Plan Article 12 ofthe.ldaho Constitution i i%| Idaho Code $67-65 ^''s-'-"^ . . . .-' . . ..,.>-". Local Land Use Planning Act Idaho Code ?50-13, Subdivision Idaho Cdde$76-;8201-8216 Development Impact Fee] Idaho Code ?50-223; Annexation a Idaho Code §55-2101-2109 Uniform ConservationT Act Grants police power to cities The police power includes the authority to zone. Mandates that cities and counties plan and implement plans Standards and processes for subdivisions Impact Fees for financing public improvements Authority for cities to annex Authority to create easements that restrict land use tO ^..-^ f^lMit-A'-; 'i&:";@feM', .s^- ^ Ms:-?" is" "".^..i^.y'S-'-gS"' y:'^ ^^^';s?" i . ~V^ t/) '" ?;-:.' '.t^-w-A -^t ^""' <. Enumerates powers[a7Td planning duties . - .of cities and counties 'Prepare and implement a Comprehensive Plan. 'Adopt ordinances for zoning and subdivisions. 'Adopt procedures for permits. 'Adopt standards for development. 'Provide for notice, public hearing, and record of hearings, .Issue decisions in the form of findings of fact and conclusions of law. 'Create and maintain a transcribable record of all proceedings. Decision-makers/ roles Elected Officials . Elected . Leadership . Provide direction . Set priorities . Make final decisions . Adjudicate appeals . Communicate . Political Citizen Body: YOU . Appointed . Volunteers . Workhorse for electeds . Make recommendations . Make some decisions . Advisory -not political Planning Staff Paid Technical expert Communicator Facilitator Strategic thinker Problem solver Support for electeds and commission Make some decisions Politically astute-not political