1. Making Local Government a Participatory Sport
Public Hearings
Making Local Government
a Participatory Sport

2. Conflict of Interest Prohibitions Idaho Code §67-6506
Participation forbidden if economic conflict of interest.
Disclosure of conflicts is mandated.
Participation means serving as a decision maker or taking part in deliberations.
Board members can speak as citizens as long as they do not participate in decision.
Knowing violation is misdemeanor crime

3. Types of Public Hearings
Legislative hearings
Adopting or amending plan and land use ordinances
Open-ended for comments
Quasi-judicial hearings
Deal with specific sites
Due process is required
Notice and opportunity to be heard

4. Introduction of Hearing Process
Introduce the participants
Explain the nature of the issue
Describe what will be persuasive
Outline steps that have gone before
Completed application
Notice
Information from other agencies

5. Legislative Hearings
Subject (ordinance draft) must be rough- prepared at time notice is published
Record should be built from date of publication
Comments can be received anytime – even after public hearing
Open format for hearing – no particular order
“Closing” hearing doesn’t affect rights

6. Quasi-judicial Hearings
Land use (and licensing) – primary topics
Due process is imperative
Comments should come during hearing – no ex parte contact
Create a record
Explain effective participation methods
Describe roles of participants

7. Steps in Order Applicant presentation Staff presentation
Written correspondence (limited)
Testimony by supporters
Comments by neutrals

8. Present and Rebut
Opponents speak

9. Rebuttal by Applicant Address only points raised by objectors.
No new evidence should be submitted.
If new evidence is presented, hearing should be reopened for limited response to rebut the new evidence.
All comment should be directed through the chairperson.

10. Decision essentials
Decisions must be based on express standards and objective criteria in comprehensive plan and ordinances.
Decision must be in writing accompanied by a written statement that explains criteria and standards, facts relied upon and rationale.
Legislature directs courts to be practical in their review of decisions emphasizing fundamental fairness and remedying only actual harms, not the mere possibility of harm.

11. Area of City Impact (ACI)
Mandatory procedure (shall adopt) - §
Map identifying area (both city and county ordinance)
Separate ordinance applying plans and ordinances for ACI (both city and county)
Implementation requires total of four separate ordinances

12. Authorized Options Application of city plan and ordinances
Application of county plan and ordinances
Application of mutually agreed upon plan and ordinances
Apply Blaha – Cities have no authority outside corporate limits
Only second and third options remain – third option must be implemented by county

13. Failure to Agree
Either City or County “may demand compliance” by written notice – start in 30 days.
Begins “committee of nine” process
3 county commissioners
3 elected city officials appointed by mayor/confirmed by council
Together – choose 3 more

14. Committee of Nine (Dispute “Resolution”)
Develop recommendation in 180 days
Refer to respective governing boards
Governing boards have 60 days to act
If either fails to implement – other can seek declaratory judgment identifying area and establishing requirements
Factors: (1) trade area; (2) geographic factors and (3) reasonable expectation of annexation

15. ACI Details Overlapping ACI – agree to adjustments or election
ACI remains until renegotiated – if cannot agree, resort to judicial review
Renegotiation starts within thirty (30) days of request by either party – then follow original negotiation procedures
P-Z must review before process moves forward – negotiation or renegotiation

16. Further Details Review status every ten years
Growth not precluded in areas outside ACI
Representation from ACI on city P-Z required if city regulations apply in ACI – question if possible in light of Blaha decision
Allows expansion of P-Z to accommodate

17. Further thoughts for consideration
Real agreements have far greater potential to last than “mandated agreements”
Issues of all kinds don’t care about legal boundaries – consider broad issues
Budgetary effects of trying to deliver urban services in unincorporated areas can be very burdensome
Commissioners are elected by all electors in a county, not just those in unincorporated areas