If you want to protect Democracy and public participation
Come to this meeting
https://www.facebook.com/groups/StopFrackingtheRio/permalink/655470674661149/
Jay Block said that he would use the "Nuclear option" to get what he wanted and now he is doing just that. Arbitrarily and capricious are the actions of this Commission working for the industry. Remember to trust actions over words. Building trust by a newly elected official should a priority. Instead we have someone who is rewriting the rules to serve his own purpose.
Critical Sandoval County Commission meeting!
Please attend!
Commissioners are proposing major changes to the Planning and Zoning Commission appointment process.
Today - Thursday, April 6 – the County Commission will be considering approval of changes in the county ordinance that will have serious consequences to the planning and zoning commission. (see attached)
Here is a breakdown of what is wrong with the proposed changes to the ordinance. (All language that is underlined is what is being proposed for approval.)
Proposed change:
If you want to protect Democracy and public participation
Come to this meeting
https://www.facebook.com/groups/StopFrackingtheRio/permalink/655470674661149/
Jay Block said that he would use the "Nuclear option" to get what he wanted and now he is doing just that. Arbitrarily and capricious are the actions of this Commission working for the industry. Remember to trust actions over words. Building trust by a newly elected official should a priority. Instead we have someone who is rewriting the rules to serve his own purpose.
Critical Sandoval County Commission meeting!
Please attend!
Commissioners are proposing major changes to the Planning and Zoning Commission appointment process.
Today - Thursday, April 6 – the County Commission will be considering approval of changes in the county ordinance that will have serious consequences to the planning and zoning commission. (see attached)
Here is a breakdown of what is wrong with the proposed changes to the ordinance. (All language that is underlined is what is being proposed for approval.)
Notwithstanding other provisions of this Ordinance to the contrary, the terms of all members, regardless of the length of the term so provided, shall be subject to expiration when the commissioner who made the appointment leaves office for any reason.
What this means:
ANYTIME there is a new commissioner – one that is newly elected or appointed - that new commissioner is entitled to pick a new planning and zoning commissioner regardless of how much time the current planning and zoning commissioner has remaining in his or her term.
Thus, the circumstances that would apply under this provision would not just be due to elections. A commissioner may have to leave office before his/her terms ends due to illness or other reasons.
Proposed change:
A newly elected or duly appointed commissioner may, in his or her sole discretion and within 90 days of taking office, choose to replace any member appointed by a predecessor. The removal of the incumbent member and the appointment of his or her replacement shall be in accordance with the requirements of Section 2 (B) of this Ordinance. If a member is not replaced by an incoming commissioner within the time allotted herein, such member shall continue to serve out the remainder of the designated term.
What this means:
The “newly elected or duly appointed commissioner has 90 days to replace any planning and zoning commissioner selected by the prior commissioner. If there is no replacement then the current planning and zoning commissioner continues to serve his/her term.
Proposed change:
Members may be removed for cause stated in writing, including but not limited to, frequent unexcused absences. Members shall be removed for any reason by a majority vote of the full Board of County Commissioners following a public hearing meeting. Written notice of proposed removal shall be provided by the County to the member at least fourteen days prior to the meeting of the Board of County Commissioners at which removal is to take place.
What this means:
The board of county commissioners can fire a planning and zoning commission for any reason without a hearing. No justification is needed, no due process. Planning and zoning commissioners would be treated as “at will” employees.
What’s wrong with this picture:
Blatant political control of the planning and zoning commission must be opposed.
1. These changes make these volunteers, who have very important legal powers and duties, subject to the political whims of the commission. Planning and zoning commissioners are like judges – they have quasi-judicial responsibilities.
2. Just because a commissioner is newly elected or newly appointed should not give them the right to appoint a new planning and zoning commissioner and fire the current one. This makes the appointment process into a political spoils system.
3. The board of county commissioners should not be able to get rid of a commissioner for any reason. If commissioners do not like the decisions being made by certain planning and zoning commissioners they should not be able to simply dismiss them. Treating these positions as if they were “at will” really threatens the integrity and independence of this quasi-judicial body.
4. Decisions made by the planning and zoning commission can be appealed to the commission. So there is legal recourse to planning and zoning decisions, and the board of county commissioners does retain some power.
5. Rather than setting up a very politicized appointment process, the board of county commissioners should consider a process that requires public notice, a screening process and a selection process that is open and fair.
