County Limits Right to Question Developers

        Before a nearly empty chamber, and with a minimum of prior legal notice, the Palm Beach County Board of County Commissioners (BCC) eliminated the public's right of direct cross-examination of developers and their paid agents at future Zoning Commission hearings.
        The Commissioners, meeting Jan. 29 as the BCC Zoning Commission, approved a staff recommendation, 7-0, limiting the public's right to question developers and their lobbyists to "written" inquiries during quasi judicial public hearings.
        In the future, when a development proposal or zoning change is presented to the Zoning Commission, members of the public must submit their cross-examination questions and follow-up queries "in writing". The mayor of the Commission will review the written questions and rule if they are "relevant" to the pending case and thus allowed.
        In the past, citizens could request the right of direct cross-examination of developers during their allotted three-minute comment periods. The mayor then moderated the interactive question-answer sessions. This option for citizens was axed by the Commission.
        The rule change (Procedures of Conduct Section 10-A), drafted by county staff prior to the Jan. 29 meeting, now reads, "All witnesses are subject to cross-examination during the hearing by the applicant (developer) and county staff. Participants (citizens) may submit cross-examination questions 'in writing' to the chair of the Commission who will address 'relevant' questions to appropriate individuals."
        The county's policy change retains the development applicant's right of direct response to comments by county staff or the public, but curtails the same right for citizens in opposition to the project. Written cross-examination questions submitted by citizens are reviewed and/or censored by the mayor.
        During discussion at the Jan. 29 meeting, no one on the Commission defended the rights of individual citizens at public hearings, or questioned whether the new guidelines gave developers an unfair advantage over dissenting members of the community.
        The amended public hearing rules will be posted on future agendas of the Palm Beach County Zoning Commission beginning Feb. 26.
        Note: See related Oct. 30 commentary entitled "Expect Development 'Consensus' in County," and the May 2014 "Taming Lobbyists Gone Wild in Government" archived in Older Posts.
(c.) Davidsson. 2015.