In second meetings following advise their actions were inconsistent with training and law1, the zoning board of appeals and planning commission continued breach of statutory duty. Confounding their choice, a planning commissioner previously observed 'that makes no sense'2.
While making sense is not required of public officials, penalties can accompany disregard of statutory provisions3; a 5yr/$10K felony charge for misconduct in office, the loss of immunity from tort liability. Rules of conduct and oath of office additionally attempt to ensure officials heed regulations. Unintentional violations, actions predicated on a reasonable belief authority exists, avoid penalty.
The administrative model Mt. Pleasant city officials have adopted explains their continued misconduct; compliance with regulations and making sense are optional, arbitrary choices. Their tactic for penalty avoidance is simple:
Statute provides: a general term is not to be limited ...4.
City Attorney asserts a general term is limited ...5.
Other Public Officers: I believe, I believe6
Statue provides: site plans prepared at readable scale7.
Site plan shows a 360' building8.
Building Official asserts building is 130' in length9.
Other Public Officers: I believe, I believe
Statute provides: the zoning board shall not have the power to change ordinance content10.
Director·Community Svcs. asserts zoning board sets ordinance standards11.
Other Public Officers: I believe, I believe
Statute provides: site plan decisions shall be based on standards and requirements contained in the ordinance12.
Site plan shows specifications not found in the ordinance13.
Director·Planning asserts site plan meets ordinance requirements13.
Other Public Officers: I believe, I believe
Whatever an officer asserts, other officials allow as reasonable. City commissioner/mayor divulged the rule of conduct for handling independent thought, 'Don't tell anyone!'14.
Signs Your Administration is Broken, Wasteful, and otherwise Corrupt
- Your planning director informs you mandatory compliance reviews are not performed2
- Your building official permits a liquor store without mandatory special use permit15
- You are advised to employ a fictitious 'timeout' procedure11
- You repeatedly amend the ordinance with the addition of wholly superfluous text16
- You award property development that does not reflect published standards or planning17
- Your budget item CITY ATTORNEY blossoms to $192,270; violations and obfuscation continue18
0 comments:
Post a Comment