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BOOK FA 6E <br />Attorney Vitunac agreed and added that, in fact, an essential <br />element is that damage to a plaintiff caused by a one-sided <br />communication would have to be proven in court. <br />Commissioner Wheeler felt this rule was directed at one-sided <br />communication. He recalled that when controversial issues have <br />come up, Commissioners have spoken with all parties. <br />Commissioner Scurlock made the point that certain subjects may <br />be discussed in one-sided private conversations which are not <br />brought up in the public forum but may weigh heavily in the <br />decision making process. <br />Commissioner Wheeler felt there is a remedy in the right to <br />appeal. He agreed with the concept but stressed the need to keep <br />government accessible to the citizens. <br />Commissioner Eggert felt the advertising of public hearings <br />gives complaining parties the opportunity to be heard. <br />Attorney Vitunac gave an example of a child care facility <br />where the complaining party would be a neighbor. All that neighbor <br />has to do is say there was (a) one-sided communication with a <br />Commissioner and (b) he was prejudiced by it. This rule says he <br />has a right to go to circuit court and that would add another six <br />months and a lot of expense to every issue that went before the <br />Board. <br />Commissioner Eggert led discussion regarding a particular <br />instance where members of the Board were told they could not or <br />should not meet with someone who already held a development order. <br />She could not understand how that would fall in the category of <br />quasi-judicial when it has already gone through all the processes. <br />Chairman Bird recalled that incident and there was a question <br />and the matter was referred to the County Attorney, whose advice <br />was there might be a conflict of interest and we should avoid <br />talking to this individual. <br />Attorney Vitunac felt this subject would be explored further <br />and may result in legislation. His advice was that if there is an <br />advertised public hearing at which an applicant will get a permit <br />if he makes a certain showing of facts, then the Board is acting as <br />a judge. The exception would be rezoning and comprehensive plan <br />land uses. He further explained that if a decision is totally <br />discretionary of the Board, then it is legislative. If the <br />decision is made on the showing of the applicant, then it is <br />judicial. <br />M <br />