Local governments too often ride roughshod over neighbors' rights when they make development decisions.
It is time for change.
Local government lawyers typically have (or still do) represent developers. Thus, they lack perspective and common sense about democracy.
On Monday night, at St. Augustine Beach City Commission, SAB lawyer Douglas Burnett told Commissioners it was no Due Process violation when a citizen opposed to a zoning variance was only allowed to speak once before the Comprehensive Planning and Zoning Board, and never allowed rebuttal, or to question the family that wanted a zoning variance.
He's wrong, of course. But Commmissioners evidently believed him, voting 4-1 to reject a remand to the Comprehensive Planning and Zoning Board. The decision in question involved no legal representative on either side, and was a very small one -- approval to build an addition on a home for a lady who can no longer climb stairs, who is living with her children and grandchild.
But the PZB decision was ethically questionable because procedural rules were respected more than allowing the opponent to be heard before the Comprehensive Planning and Zoning Board.
I respect St. Augustine Beach Vice Mayor Richard O'Brien for being the only one to vote in favor of the appellant, who was denied any rebuttal by the SAB PZB.
A remaned might not have changed the outcome -- building an addition on a home. Byt it would have respected the opoonent's rights to be heard, which were sadly neglected by the PZB, which was advised by another lawyer in Burnett's developer-driven law firm.
No Due Process right to rebuttal? Douglas Burnett is wrong.
But in my experience, local jurisdictions still lack sensitivity to Due Process rights. They have adopted, de facto or de jure, the "George McClure Rule," named after the late lawyer for the likes of Robert Michael Graubard and other developers, who are allowed to call themselves "developers" without any state license as such.
The no-rebuttal gag rule unethically gags residents, limiting them to three minutes, while denying them rights to cross-examination and rights to rebut unsworn testimony.
On enacting legislation conferring rights to procedural Due Process, U.S. Rep. John Dingell (R-Michigan) has remarked once said, "if I get to write the procedures, I can win every time."
Developers have written the procedures. They laugh at the citizen opponents of their clients' projects. as George McClure often did, laughing all the way to the bank at their ability to manipulate boards and chill, coerce and restrain First Amendment rights to petition our governments for a redress of grievances. The reign of ruin of the Smirking Turkey Society must end. Enough flummery, dupery and nincompoopery
Testimony in a quasi-judicial hearing must be sworn, including lawyers' assertions.
Every citizen must be heard, and allowed to rebut applicants' asertions.
If there is no time limit for project applicants, there should be no limit on time for project opponents.
Citizens attending local zoning, planning and annexation hearings often leave disheartened, disrespected and offended by the narrow-minded rules adopted to favor applicants. For many, it was their first experience with a local government.
I rememember as a child growing up in New Jersey raising concerns about a neighbor dumping barrels of Lord knows, filling in a small wetland between our properties, while operating trucks from his residence. Our township officials were dismissive and condescending, saying he was "grandfathered," referring us to a thick-ankled zoning code that plainly indicated the contrary. We were denied the right to rebuttal and treated with disrespect. Our neighbor got to continue burying barrels and running his dump trucks.
Such oleaginous government actions appear corrupt and make good and decent people want to join the Tea Party and cheer when governments are shut down.
Denying citizen free speech rights may make for shorter meetings and fat campaign contributions, but they destroy trust in our local governments.
We can do better, we must do better and we will do better.
Locally, the "George McClure Rule" is a ticket to bad development decisions, as anyone observing the skewed process in which St. Johns County Commissioners rubber-stamped approvals of 70,000 homes, St. Augustine Commissioners approved desruction of a 3000-4000 year old Native American sacred site, or other bizarre decisions.
In the words of U.S. Rep. Sheila Jackson Lee, "Justice be be blind, but she is not gagged." To local elected officials: stop letting tree-killing developers lead you around like dogs on a leash, adopting their narrow rules.
Testimony must be sworn.
Rebuttal must be allowed.
Time limits must be equal.
Otherwise, you are not serving your customers -- "We the People."
What do you reckon?
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