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Council schedules hearing after controversy over planning commission appointments and swearing-in
Summary
Following concerns about unsworn commissioners participating in a Jan. 9 planning commission meeting and complaints about a commissioner's conduct, Hooper City Council scheduled a public hearing and ordinance vote to resolve planning-commission appointments and the commission's size.
Hooper City Council debated how to resolve procedural and conduct issues after recent planning commission changes and a January 9 meeting that residents later criticized.
Background: Council action at a prior work meeting approved adding planning commission members and sought to expand the commission from five to seven members. City legal staff advised that the change should be done by ordinance (not a resolution) and that public notice and a public hearing are appropriate. The council agreed to schedule a public hearing and ordinance vote for Feb. 6.
Swearing-in and procedural concerns: Several speakers at the council meeting said that three recently appointed planning-commission members participated in the Jan. 9 meeting before being sworn in, raising a possible legal question about whether actions taken at that meeting (including election of a planning-commission chair and votes on conditional-use permits) were properly authorized. Legal counsel said there are arguments both ways about whether a public hearing was strictly required for the commission-size change, but council members and staff agreed to use the Feb. 6 hearing to finalize the ordinance and allow public comment.
Public comments and conduct: A resident, Travis Bates, addressed the council about the Jan. 9 planning commission meeting and asked elected officials to review the meeting transcript and recordings. Bates said one commissioner, identified as Mr. Larson in his comment, behaved 'combatively' toward Commissioner Prince, repeatedly interrupting her and preventing her from responding. Bates called the behavior 'embarrassing, uncalled for, and could be interpreted as creating a hostile work environment.
Council process moving forward: The council decided to publish notice for the Title 10/Chapter 8 ordinance and a separate public hearing on the planning commission size change; notice will be posted January 27 for the Feb. 6 hearing. The council said it will finalize the ordinance text, consider staggering terms to avoid replacing many commissioners in the same year, and may re-take votes on chairmanship or other planning-commission actions if legal counsel recommends redoing them because of swearing-in timing. Staff and legal counsel will confirm whether actions at the Jan. 9 meeting require re-approval.
The council also discussed the appointment process (mayor appointment plus council approval language) and open-meeting act cautions about emailing the full council about appointment decisions.
Councilmembers asked staff to return with the final ordinance language before Feb. 6, confirm candidate names and any necessary re-sworn or re-vote steps for the planning commission, and to schedule training for the planning commission on appropriate meeting conduct.
