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Sherwood planning commissioners receive refresher on quasi‑judicial process, ex parte rules and new ethics training requirement
Summary
At a Feb. 25 Planning Commission work session, city land‑use counsel led a training covering types of land‑use decisions, ex parte contact disclosure, timelines and appeals (including LUBA), and a new Oregon ethics‑training requirement; staff and council liaisons discussed tweaks to agendas and scheduling the state ethics course.
Sherwood — The Planning Commission got a refresher Feb. 25 on quasi‑judicial procedures, public‑meeting rules and appeal risks tied to land‑use decisions, and staff said the city will schedule newly required state ethics training for several commissioners.
Carrie Richter, the city’s on‑call special land‑use counsel, told the commission the review covered two broad decision types commissioners will face: legislative (long‑range code or plan changes) and quasi‑judicial (adjudicative reviews of private applications). “In quasi‑judicial decision‑making, the focus is on the judicial — you’re acting as a judge to determine compliance with applicable requirements,” Richter said, outlining the stricter procedural protections such hearings require.
The training emphasized several procedural deadlines and rules that affect how applications are processed and defended on appeal. Richter summarized key timeframes: city staff has 30 days for completeness review; an applicant has 180 days to provide required information after an incompleteness notice; and, once an application is deemed complete, the city generally has 120 days to issue a final decision. She described the “fixed goal‑post rule,” meaning the code and standards that apply to an application are those in effect when the application is filed (assuming the applicant completes the submittal within the 180‑day window).
Why it matters: procedural missteps at the planning‑commission level…
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