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; ` 'iE[J �j To County Commissioners August 4 , 1981
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GOLCRADO From R. Russell Anson, Assistant County Attorney
subject: Split Votes on Land Use Matters
This memorandum is in response to a recent work session regarding the
problem where a motion fails to pass on a land use matter because of
the fact that there are only four voting commissioners present, and
the vote taken is a split vote (i. e. , two ayes and two nays) . It is
recommended that there be an amendment to the Administrative Manual,
and that this amendment be made specifically to the Section entitled,
"Rehearings on Land Use Matters. " I would suggest a paragraph l .c .
be added to provide, "If there are only four commissioners present at
a land use hearing, and a motion for either approval or denial fails
because of a 2-2 vote (two ayes and two nays) , then such hearing shall
be continued by the Board until such time as all five commissioners
are present, at which time the fifth commissioner shall have reviewed
the file and the tape recording of the particular land use hearing,
and if so, may then cast the fifth vote. "
It is absolutely necessary that this be done for all land use matters
rather than be at the discretion of the Board so that the Board, under
no circumstances, can be said to have arbitrarily continued a land use
matter for rehearing or denied a continuance. If a land use matter is
continued under the circumstances described above, it would be abso-
lutely necessary for the commissioner who was not present at the first
hearing to listen to the entire tape governing the particular hearing
in question before making a decision on the case.
77
R. IRusSell Anson `
Assistant County Attorney
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61.07o8
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