02/15/2007: "PC Public Hearing On Changes To HE Rules"

The SJC Planning Commission will hold a Public hearing and deliberations on an amendment to the SJ C code relating to the Hearing Examiner system and administrative appeals of land use decisions. The hearing will be in the Garden Room, Key Bank. Friday, February 16, at 10:15 a.m.

An applicant unhappy with a decision by the Hearing Examiner has a right to appeal the decision to…Okay, now we have a problem. Prior to the passing of the Charter, appeals went to the County Commissioners, and from there to Superior Court. The Charter changed all that by adopting a rule that stated an applicant "may choose to bypass review by the Legislative Body and seek direct review with the court or other tribunal as provided by law".

When the Freeholders wrote the regulation, and when the voters passed the Charter, that language seemed clear enough, but the sitting Commissioners -who had now turned into Councilmen- thought it was a tad too clear that anyone should be allowed to bypass them by simply opting to go directly to court. The loss of possible review in land use matters that might be important to the Council did not sit well with them, and it seemed to them that the Freeholders should not have framed it as they did.

After much discussion on how to get around the new rule, the three Councilmen (the other three had yet to be elected to the Council) decided to consider some new interpretations, and possible changes that would allow them to retain the right to still hear appeals, if one of the parties in the appeal chose to ask the Council, and not a Judge, to first rule on an appeal. (link to history)

This brought the Council back to the rule of law, and that required the Council to follow proper procedures in making or altering a regulation or a law, which in this case requires a public hearing be held by the Planning Commission, who in turn will then forward their reasoned opinion back to the Council as a formal recommendation. A recommendation that, by definition, will not be binding on the Council.

It is expected that a former Freeholder or two may show up on at the Planning Commission meeting to give their opinion on the matter.