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Commission discusses quasi‑judicial process, staff reports and how public comments are recorded
Summary
Commissioners reviewed staff guidance for quasi‑judicial hearings, including how staff will separate public comments that are relevant to code criteria from general public opinion, and discussed limits on commissioners' independent fact‑finding and ex parte research.
Benton County commissioners and planning staff reviewed quasi‑judicial procedures, staff report content and the distinction between public comment and the legal record at the county's planning meeting.
Planner Petra explained the practice staff intends to use in staff reports: public comments that address specific code criteria will be identified as relevant to the decision record, while statements that do not reference criteria will be noted for transparency but flagged as not part of the legal decision basis.
"When you go to LUBA, when there's an appeal ... if the planning commission has said 'I feel bad about the Daisy' and that is one of the reasons why we denied it, then LUBA comes back and says, 'That is not one of the criteria,'" Petra said.…
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