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Tuesday, November 30, 2004
Indiana Law - Local government rules and procedures
"Valpo updating code for boards" is the headline of this story today in the Munster Times. Some quotes:
VALPARAISO | Even before the city was hit with of complaints about proper public notification, Planning Director Craig Phillips knew there were problems."There were some things I was alarmed by when I came on board, and I wanted to correct," Phillips said. "I had started working on a revamp of the rules before this came up."
The first problem he noticed was that it was very hard to find a copy of the rules for the Plan Commission and Board of Zoning Appeals. Then he found conflicting versions. Now he's trying to update them.
The notification for a public hearing by the board on plans to build a water tower brought the inadequacies to light.
The city published notice of the hearing 10 days in advance, which complies with state law, but the rules at the time required at least 15 days notice. The city held a special meeting to rehear the request and changed the rules to match state law. * * *
Although the rules on notification are the most glaring inadequacy of the rules, Phillips said clarification is needed on what constitutes a quorum, the percent of the board that has to vote and the definition of what is a final action.
He said the Plan Commission and Board of Zoning Appeals have more specific standards than other panels. While the rules on 10 days' notice have been changed to match the state, Phillips said clarification is needed on who the "interested parties" are who must be notified.
"We tend to send out notices 10 days ahead, but we missed this time and got called on it," he said. "We want to make sure it's done properly, and everybody knows what the rules are. Citizen participation and involvement are very important."
He and Lyp have rewritten much of the rules for both boards, but the finished product probably won't be ready until early next year. One of the things the new rules will do is cite the corresponding state statute. Phillips said it's not required, but it's helpful for anyone seeking the information.
"There's too much activity in the city for us to be sloppy," he said. "Too many things are caught on a technicality that is avoidable."
Posted by Marcia Oddi on November 30, 2004 08:20 AM
Posted to Indiana Law