QUASI-JUDICIAL MATTERS COMMISSIONER EDITION UPDATED 10-7-2022 >> HOW TO RESPOND TO SOMEONE WHO WANTS TO DISCUSS A QUASI-JUDICIAL MATTER Here are some ways the commissioners and BOCC staff could respond to someone wanting to comment on a quasi-judicial matter: Verbally • “I am sorry. The commissioners are not allowed to talk about that issue privately. Can I connect you to someone you are allowed to talk with?” [E.g., Community Development] • “Your opinion is important, and we want to make sure it is heard. Please consider writing a letter to Community Development so they can put in the record so everyone can consider it.” • “The commissioners can only consider what is part of the public process on that issue. Can I direct you to county staff to get you information about how to participate?” Via email or by mail (alert BOCC staff so staff can respond accordingly) 1. A BOCC staff member (not one of the commissioners) will contact the individual to say the comment has been received but that the commissioners are not allowed to see it yet. Tell them the commissioners are sorry that they’re unable to discuss the matter but that the law requires them to hear about the matter only at the public hearing. 2. BOCC staff must forward the message on to Community Development and should alert the constituent that they’ve done so (BOCC staff will need to provide a record of any communication with the individual, whether written or oral). Community Development will add the comment to the record and will identify the individual as a “party of record,” meaning the individual will be included in any future correspondence about the project. (BOCC staff could Quasi-judicial matters coming before the BOCC in 2022 >> SITE-SPECIFIC REZONES De Geode Bulb Farms: Rezone of 27.5- acre parcel for development. Good Avapollo Mines: Rezone request regarding 443.5 acres on Spencer Road to create rock quarry. Adna Grocery Store: Rezone request to remove .75 acre parcel in Adna from Agricultural Resource Land (ARL) designation. YMCA Camp: Request to change designation of 643 acres on Mineral Lake to allow for a YMCA youth and family camp. >> URBAN GROWTH AREA REQUESTS Centralia: City seeks to expand UGA to include 16 parcels (12 of which are currently non-conforming) on Graf and Scheuber Roads (Scheuber Heights). Chehalis 1: City seeks to expand UGA to include 109.8-acre parcel on Hamilton Road. Chehalis 2: City seeks to expand UGA to include eight parcels (247 acres), of which five are owned by the Newaukum Valley Golf Course on Jackson Highway. help the citizen learn how to participate in the public process by transferring them to Community Development or providing Community Development’s contact info.) • Via email: If the comment was received via email, BOCC staff must forward to Community Development a copy of the email and a copy of the staff member’s response to the commenter. • By mail: If the comment was received by snail mail, BOCC staff should interoffice to Community Development the document(s) received as well as a copy the staff member’s response to the commenter. Following is an example of how staff will respond: Thank you for submitting your comments to the Board of County Commissioners (BOCC). Unfortunately, since this is a quasi-judicial matter that will come before the BOCC for a decision at a later date, the Commissioners are unable to respond. The commissioners regret that they are unable to reply, but state law requires that they hear about this matter only at the public meeting. We have forwarded your submission on to Community Development so that your comments will become part of the record. This also will make you a “party of record,” meaning you will be notified about the public meeting for this development once it’s scheduled. We encourage you to attend that meeting to make your viewpoint heard. For information on how to participate in the public meeting, please contact Community Development at 360-740-2677. Important reminder: No matter what kind of contact was made (written / oral), BOCC staff must make a record of what was given or said and provide it to Community Development so it can be included in the record. If a commissioner was approached in person or by phone, the commissioner should send Community Development a memo that outlines the discussion that took place. The commissioner should note that they didn’t ask for the information, that they have not yet considered it and that they will keep an open mind throughout the process. >> THE APPEARANCE OF FAIRNESS DOCTRINE The Appearance of Fairness Doctrine is a rule of law requiring government decision-makers to conduct certain non-court hearings and proceedings, which are analogous to court hearings, in a way that is fair and unbiased in both appearance and fact. It was developed as a method of assuring that due process protections, which normally apply in courtroom settings, extend to certain types of administrative decision-making hearings that affect the rights of an individual or small group of individuals, such as site- specific rezones. The doctrine is designed to bolster public confidence in fair and unbiased decision- making by making certain, in both appearance and fact, that parties to an argument receive equal treatment. Judicially established in Washington State in 1969, the doctrine requires public hearings that are adjudicatory or quasi-judicial in nature meet two requirements: hearings must be procedurally fair and must appear to be conducted by impartial decision-makers. Takeaways from the Appearance of Fairness Doctrine: • Commissioners cannot discuss the quasi-judicial matter with constituents or anyone else except at the hearing . This means all forms of communication, including verbal (by phone or in person) and written (by mail or email). • Commissioners can only consider what is presented in the record (no ex parte contacts). • Commissioners must be fair to all sides. If they cannot be fair, they must recuse themselves. • Commissioners should be calm, polite and evenhanded, and they must be firm about the rules. If a person is entitled to only 5 minutes to speak, either courteously stop them after 5 minutes or else allow them, and everyone else as well, more time. # # #