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Board delays vote on rules and procedures pending attorney clarification
Summary
The Board of Appeals discussed who should prepare and sign written opinions under the city code and agreed Nov. 7 to postpone a vote on proposed rules and procedures until city or outside counsel clarifies responsibilities.
At the Nov. 7, 2024 meeting, the Board of Appeals discussed a draft of rules and procedures and agreed to delay any vote until legal guidance clarifies who is responsible for preparing and signing written opinions under the city code.
One board member cited the code: “The board shall prepare a written opinion in accordance with these rules in the city code,” and asked who is responsible for drafting or signing those opinions. Planning Director Tim Borsier said staff has been preparing written letters that outline conditions and that the practice has worked operationally, but that the legal allocation of responsibilities could be clarified by counsel.
Board members agreed to leave the rules and procedures as old business until they receive attorney guidance. A board member stated, “So let's hold off then on the on voting in the rules and procedures till we have an answer on some of those things.” The board indicated they expect an answer at a future meeting and will resume consideration of rules and procedures after counsel provides direction.
The transcript does not record a formal motion or vote to adopt new rules; it records only the decision to delay the vote pending legal clarification.
