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Council Errs in Planning & Zoning Appointments
In what turns out to be a violation of Central’s ordinances, last week Central’s City Council re-appointed two Planning and Zoning Commission members to new 4-year terms to begin on September 29.
A public records request made last week revealed that the openings on the Commission were never advertised to invite members of the public to apply for appointment. The city’s Planning and Zoning attorney has now issued a memo stating that the Council has failed to follow its own ordinance in the process.
Central ordinance 1.501(c) requires that 90 days prior to the end of a Planning Commission member’s term a notice must be placed on the city’s website and in The Advocate, Central’s journal of record, giving interested citizens a 30-day opportunity to apply for the appointed position. The notices were never placed.
In his memorandum to Mayor Junior Shelton, Central’s zoning attorney Mark Balkin states, “We believe the city should comply with its own code – that the reappointments should be considered ineffective, the notice should now be posted and published and applications accepted and reviewed before the reappointments (or new appointments) be made.”
Balkin goes on to assure that this failure to comply with Central’s ordinances will not affect the validity of any decisions made by the Planning & Zoning Commissions. He adds that members Johnson and Rauls are allowed by law to continue to serve in the positions until properly replaced.
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