Presenter urges commissioners to keep public hearings neutral to limit legal risk

A presenter addressed the Benton City Planning Commission and warned commissioners that comments made during quasi‑judicial hearings can later be used in court to challenge the fairness of a proceeding. The presenter said commissioners should treat themselves “as wearing robes” and focus on facts in deliberations rather than personal opinions, because “every word that is recorded at a planning commission meeting can be used in analysis of whether the hearing was fair.”

The presenter advised commissioners to avoid affirming commenters’ opinions and to use neutral questions to clarify testimony. He recommended using brief opening language for contentious hearings to explain that commissioners act in a judicial capacity and cannot engage in dialogue that becomes part of the record. “You are here tonight to present testimony for or against the project,” the presenter said, recommending scripted language to protect the record and the appearance of fairness.

Commissioners asked for examples of how to politely correct off‑topic testimony and whether recusal rules might require a commissioner to leave the room; the presenter answered that in some circumstances statute and case law require recusal and, when necessary, a commissioner should consider removing themselves from the room. The presenter also said he would supply sample language and follow‑up materials to help the commission limit ex parte communications and preserve a clean record.

The commission did not take formal action on the presentation; commissioners thanked the presenter and moved on to review draft plan materials.