Board updates rules to clarify city attorney will represent planning staff, outside counsel to represent board

The Building and Flood Board of Adjustments and Appeals approved a change to its rules March 4 to clarify legal representation at hearings: the city attorney’s office will represent the Planning and Development Department, and retained outside counsel will remain counsel for the board.

At the start of the hearing, Lauren Maske of the Planning and Development Department asked that the proposed change be handled early so the city attorney could assist staff during the contested item. Planning and Development Building Official Kevin Garriott explained the revision to section 4 was intended to mirror the Community Development Board’s rules and to resolve an ambiguity in the existing language that appeared to leave staff without representation at contested items: “the city attorney's office will represent us, the planning and development department for the city, as well as provide legal assistance for the board, i.e., your attorney here,” Garriott told the board.

Board members asked whether staffing and representation belong in the board’s rules. A panel member questioned whether the city administration, not the board’s rules, should define internal counsel roles; Garriott said the change was intended only to make representation clear to participants. The board moved to approve the change; the motion passed unanimously.

The approved amendment does not change which attorneys are retained, but clarifies roles during hearings so that city staff and the board each have identified legal counsel present. The motion also included approval of the meeting minutes from March 4. No appeals or further direction were recorded.