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THE ZONING REPORT Page Four dance is offered that :icould not have been rea- sonab)y available at ithe examiner hearing or unless the board votes to rehear the case. Mesh the decisions o~f the hearing examiner with the development ~phliosophy of the elected board. The hearing e~ami'ner must not be sub- ject to political whim~ nor be aloof from pre- vailing community sentiment on development as expressed through its:elected board. It is not fair for a ne~, majority on an elected board with a changed development philosophy to have a holdover hearing e~xaminer whose decisions reflect a differing vieiw of development. Many zoning codes have th~ hearing examiner serve at the pleasure of theielected board. Those who argue ethat the examiner must remain detached frbm political philosophy would suggest that a~ incoming elected board amend the comprehensive plan to reflect a Changed development ~)hilosophy and retain the hearing examiner for ~ fixed term. To work out differin~ interpretations of plan- ning principles and poVcies, some codes require periodic informal cc~nsultation between the hearing examiner~ the~lanning/zoning staff and the CPC. Informal w~rkshops of the elected board with the exar~iner are appropriate to allowed until after the period for filing appeals has lapsed without an appeal filed at any s~.age in the appeals process. After a case is filed, contacts with the applicant, objectors and s~aff to prepare the agenda and file reports are carried out merely as a clerical function with no discussion of the merits of the case. Many codes do not permit the hearing exam- iner after leaving the position for the private sector to be involved with the locality for a year or two on any property in cases decided in a hearing. Moreover, it is a conflict of in- terest for the examiner ~o be involved in cases filed for hearing a year after starting the posi- tion for property in which he was involved. ;Fha examiner must either not hear the case or for minor or tangential involvement, identify the involvement for the record in the case. This choice, if it could be construed as reason- ably material to the case, can be appealed. A typical outline establishing the hearing examiner provision in zoning codes This provision could contain the following elev- en sections. Section 1: Purpose.-- The purposes section discuss viewpoints an~ understandings so long - seeks to justify or rationalize the transfer of as no pending cases ~re discussed and so long as the examiner remains bound to decide cases based on the comprehensive plan. Accordingly, some c~)des authorize the elect- ed board to suspend~actions and hearings of the examiner b~v m°ra~oriu~n for a specific area while plans and s{udifes can be prepared and considered in the interim. Assure the impartialit.~, of the hearing examin- e._~.~. The examiner mus~;/be free from conflict of interest and improper influences in carrying out the duties of office. After a case is filed, no person can contact{or talk separately to the hearing examiner abo~t the case except in the presence of all other parties of interest in the case. Persons who cat, not contact the examiner include the planning-~oning staff and members of the elected board and CPC. Contact is not zoning case functions from the traditional hearing and deciding bodies to the hearing ex- aminer. These purposes are --- to separate the zoning regulatory func- tions from the planning functions; --- to assure consistency between regulatory decisions and the recommendations of the com- prehensive plan and planning principles; . --- to establish a more effective system for the administration of development applications by due process; and --- to more efficiently seek impartiality and fairness in public hearings and decision on zon- ing matters. Section 2. Creation~ qualification and ap- pointment of the hearing examiner.-- The posi- tion of hearing examiner is established as a full-time employee of the local government. The examiner is appointed by an identified of- January 7, 1994 issue