Senior planner briefs commissioners on proper legal research and limits of evidence in quasi-judicial matters

Aaron Anderson, senior planner, gave commissioners a focused tutorial on legal research resources and the boundaries of permissible fact-finding. He emphasized that while it is appropriate for commissioners to research statutes, rules and published case law for legislative or policy work, introducing extra-record factual evidence in quasi-judicial proceedings can result in remand. "The short version is it's okay to know that a particular intersection is busy. It's not okay to go out there on a Wednesday afternoon and make your own traffic counts," Anderson said.

Anderson walked commissioners through useful resources: Oregon statutes and session bills, the Oregon Administrative Rules, and Land Use Board of Appeals (LUBA) headnotes and published orders, noting the headnotes are organized chronologically and can be searched for topics such as "needed housing." He also highlighted the utility of Supreme Court oral-argument records for deep case research. Anderson noted he reviews LUBA opinions regularly and provides updates to staff as part of ongoing education.

He cautioned commissioners to announce site visits and avoid introducing neighbor-supplied information as evidence; if neighbors provide facts, commissioners should ask that the information be presented at hearing so all participants can consider it. The presentation concluded with an offer to share links and procedural guidance as commissioners prepare for adjudicative or legislative work.