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ON MOTION by Commis; <br />Commissioner Eggert <br />authorized the Depart <br />negotiate with a vend <br />Plaza wastewater treat <br />ioner Scurlock, SECONDED by <br />the Board unanimously <br />ment of Utility Services to <br />r for removal of the Roseland <br />ment plant. <br />SAID DOCUMENT WILL BE P CED ON FILE IN THE OFFICE OF <br />CLERK TO THE BOARD <br />WHEN FULLY E ECUTED AND RECEIVED <br />County Attorney Vitunac distributed copies of case law which <br />explains that when the Board sits as a judge, it must act like a <br />judge. He quoted, "The strong constitutional compulsions which led <br />to the establishment of rul s regarding the disqualification of <br />judges apply with equal force to every tribunal exercising judicial <br />or quasi-judicial functions." Attorney Vitunac attempted to <br />paraphrase this case into an asy rule we can all follow. He said <br />that for matters which are scheduled to come before the Board with <br />an advertised public hearing notice for which a party has a right <br />to speak and the other parti s have a right to give evidence and <br />which is not a rezoning matter or a comprehensive plan change, we <br />should consider that the Bard is acting in a quasi-judicial <br />capacity. In the cited case, people who advertised for a variance <br />or a special exception were considered to be a quasi-judicial <br />matter. There are other matters, such as subdivisions, <br />administrative permits, and site plan appeals, that are also quasi- <br />judicial but they are not covered in this case simply because they <br />were not in this case. <br />Commissioner Scurlock asked if a simple rule would be that <br />all matters that require public hearing be dealt with here at the <br />Commission level, period. <br />Attorney Vitunac added that as an elected official, a <br />Commissioner has a right to talk about rezoning because that is a <br />legislative function. <br />Commissioner Wheeler recognized the intent of this rule but <br />felt it could be carried too far and could move the Commissioners <br />farther away from their constituents. As a result, we may end up <br />with elected officials operating in a vacuum. He cited examples of <br />issues where on-site inspections or consultation with staff may be <br />necessary to make a decision. He felt'the situations where the <br />Board acts as a judge are rare and parties in those situations have <br />the recourse of appeal to a court. <br />69 <br />NOV 191991 <br />ROCK � Fr.GE U� <br />