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Hugo Neighborhood Association & Historical Society

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EFFECTIVE LAND USE TESTIMONY TRAINING

Co-Sponsor Rogue Advocates
Co-Sponsor Hugo Neighborhood Association & Historical Society
Co-Sponsor Goal One Coalition

PURPOSE

What is effective land use testimony training? Mostly it is about involvement and responsible leadership in neighborhood communities. First and foremost, the effective land use testimony training program promotes neighbors representing themselves in land use. There are four legs to the platform of effective land use testimony.

1. Citizen Involvement by Neighbors
2. Education of Individuals & Community
3. Local Leadership for All Interests & Issues of Community
4. Strong Responsible Representation

BACKGROUND

Neighbor Champions Take Responsibility

Take responsibility. Verify the proposed land development activity. Learn the facts. Investigate any potential impacts of the proposal to community? Network. Lead by example. Discuss any issues and concerns with planning staff. Be sure of your facts when presenting or preparing comments. Stick to the issues, standards, and/or criteria of the land use application. Testimony that does not address the issues and standards and/or criteria for approval does not have to be considered by the decision makers.

Effective Land Use Testimony Training Program

The "Effective Land Use Testimony Training Program" became formal in 2013 when it was co-sponsored by three organizations: Rogue Advocates, Hugo Neighborhood Association & Historical Society (Hugo Neighborhood), and the Goal One Coalition. These organizations have their roots in promoting citizen involvement. The focus is education through neighbors’ sharing their knowledge and activities with their communities and leadership development in land use.

Hugo Neighborhood

The Hugo Neighborhood is an informal nonprofit charitable and educational organization of unpaid volunteers with a land use and history mission promoting the social well-being of its neighbors by working to champion Oregon Statewide Goal 1 — Citizen Involvement, and by preserving, protecting, and enhancing the livability and economic viability of its farms, forests, and rural neighbors. The mission of the Hugo Neighborhood follows.

Land Use

• Promote Citizen Involvement (Oregon Statewide Goal 1)
• Promote Education
• Protect Our Farms and Forests (Oregon Statewide Goals 3 & 4)
• Protect Our Community’s Rural Quality of Life

History

• Preserve Our Local History (preserving, documenting, promoting & interpreting)
• Promote Education
• Promote Analysis of Local Cultural Resources (Oregon Statewide Goal 5 & Josephine County Comprehensive Plan, Goal 7)

One of the ways the Hugo Neighborhood aims to best promote the social welfare of its Hugo neighbors is by collecting, preserving, interpreting, and researching its rich local history, and encouraging neighbor’s interest in the history of the Hugo area, in their geographic place, in their community. We know the quality of rural life in Hugo is enhanced through citizen knowledge of its history and the sense of community that a historical perspective facilitates.

We believe culture, as one basis for a healthy community, can be an alternative to destructive behavior and a healing force, and that children educated in their history and culture will contribute to the creative workforce of our evolving technological world. In the end, Hugoites will be able to tell the story of cultural growth and cultural impact. Children will see its impact on their learning. Families will see the effect of culture through their local participation and use of resources. Community development will see its impact economically and through greater social involvement and especially pride.

Like history, land use involvement by neighbors facilitates community. One of the Hugo Neighborhood’s passions is to have meaningful public involvement and, therefore, an "informed public" and "informed decision-makers" when it comes to land use decisions in the Hugo community and in Josephine County. In a nut-shell the NHA thinks an effective citizen involvement program would facilitate planning decisions which better reflect the desires of the community. We believe an effective program will also decrease later conflicts. It started implementing its values when in September 20, 2000 it filed a citizen-initiated enforcement order petition on citizen involvement (OAR Chapter 660, Division 045) with Josephine County Board of County Commissioners (Attachment 1).

The Hugo Neighborhood would start informal training for neighbors on how to represent themselves around 2005. This happened on an informal basis in neighbors’ homes. This training setting is still the focus - neighbors learning by sharing in their homes.

Land Use - Citizen Involvement
http://www.hugoneighborhood.org/citizen.htm
 
Citizen Involvement Issues
http://www.hugoneighborhood.org/Citizen_Involvement_Series.htm

Rogue Advocates

Rogue Advocates champions the sustainability and livability of communities in the Rogue Valley. The Rogue Advocate’s core geographical interests are private lands in Jackson County and Josephine County, but its land use concerns are the Rogue Valley basin-wide.

Historically the biggest threats to realizing sustainable and livable communities were the lack of a dependable, comprehensive review and response to local land use proposals that are not in compliance with sustainability and livability standards. Rogue Advocates’ goal is to fill this gap and address the threats by infusing vision, intelligence, and forethought into local county and city land use planning processes. This vision uses Oregon’s land use laws, environmental laws, science, public education and collaboration, to facilitate the Rogue Valley becoming an example of a sustainable and livable community.

Goal One Coalition

The Goal One Coalition champions the role of citizens in creating communities that are livable and economies that are sustainable, within a healthy and diverse natural environment.

It advocates for the protection of our waters, farms, rangelands, forests, coasts, and other natural landscapes from loss and degradation.

It works for vibrant, compact cities and economies that provide for everyone equitably.

It helps citizens and citizen groups to organize and advocate effectively, provide information, education and advice about how the land use planning program works, and provide assistance with important issues.

It encourages local governments to invite and welcome citizen participation in planning for economically and ecologically sustainable communities.

The Goal One Coalition’s most important task in building healthy, sustainable communities is to encourage and help people to take charge of their own future.

EFFECTIVE LAND USE TESTIMONY TRAINING

I. INTRODUCTION

II. EFFECTIVE LAND USE TESTIMONY

III. STANDING IS VITAL

IV. FOR THE RECORD, OR NOT MATTERS

V. RESOURCES

A. Local Government
 
Planning Department
Josephine County, Oregon
http://www.co.josephine.or.us/SectionIndex.asp?SectionID=127
 
Josephine County Ordinances are local law (e.g., comprehensive plan, rural land development code, citizen involvement plan and citizen involvement committee, etc.).
 
. Josephine County (JO CO) COMPREHENSIVE PLAN, 2005
. JO CO RURAL LAND DEVELOPMENT CODE (RLDC), 2005
. JO CO RLDC, Chapter 3 Hearing Rules, 2005
. JO CO CITIZEN INVOLVEMENT (CI)
. JO CO CIP CI Program & By-Laws For CI Committee (CIC) Ordinance 93-13. 1993
. JO CO CIP Citizen Involvement Program Ord. 93-13, 1993
. JO CO CIC Citizen Involvement Committee By-Laws Ord. 93-13, 1993
. JO CO CIP Ordinance 85-1. 1991
 
Josephine County Planning Office policy interprets local law, but does not have the force of law when it goes beyond the original law.
 
. JO CO Planning Office Policy Memo Comprehensive Enforcement, 2000
. JO CO Planning Office Policy Comprehensive Requirements For Citizen Advisory Committee (CAC), 2003, No Author
. JO CO Planning Office Policy Model CAC Charter, No date & No Author
. JO CO Planning Office Policy Steps For Forming CAC, No Date
 
B. State Government
 
. Putting the People in Planning: A Primer on Public Participation in Planning. Oregon Department of Land Conservation & Development. 3rd Edition, May 2008
. An Introductory Guide to Land Use Planning for Small Cities and Counties in Oregon. DLCD. 2007
. How to Testify at Land Use Hearings. DLCD. 2006
. Citizen Initiated Enforcement Orders. DLCD. 2000
. How to Keep the People in Planning: A Legislative History of the Oregon Experience in Limiting SLAPPs. DLCD. 1999. http://www.oregon.gov/LCD/pages/slappsuitsguide.aspx
 
Oregon Department of Land Conservation and Development (DLCD) http://www.oregon.gov/lcd/Pages/index.aspx
 
Resources: Publications
DLCD
http://www.oregon.gov/LCD/Pages/publications.aspx
 
C. Federal Government
 
E. Private
 
1000 Friends of Oregon
http://www.friends.org/resources/reports
 
Oregonians In Action
http://www.oia.org/
 
Land Use
Hugo Neighborhood Association & Historical Society
http://www.hugoneighborhood.org/landuse.htm
 
Citizen Involvement In Land Use
Hugo Neighborhood Association & Historical Society
http://www.hugoneighborhood.org/citizen.htm
 
Citizen Involvement Issues
Hugo Neighborhood Association & Historical Society
http://www.hugoneighborhood.org/Citizen_Involvement_Series.htm
 
1000 Friends of Oregon
 
. The Citizen’s Guide to Land Use Appeals. 1000 Friends of Oregon. 2009
 
Oregon State University
 
. How Have Land-Use Regulations Affected Property Values in Oregon?
Oregon State University Extension Service.
 
Rogue Advocates, Goal One Coalition, & Hugo Neighborhood Association & Historical Society Publications
 
. Legislative History of Statutory Provisions Regulating Fees for Local Appeals and Transcripts. 2003.
. Poll Taxes on Citizen Involvement
. Perils of An Applicant-Driven User Fee Funded Planning Office. 2006.
. Local Appeal Fees. 2006
. Legislative History of Statutory Provisions Regulating Fees for Local Land Use Applications, Land Use Appeals and Transcripts. 2006.
. For the Record, or Not February 2007.
. Assessment of Proposed Pioneer Meadows Subdivision Containing Applegate Trail Resources. 2007.
. BLM Necessary Forest Lands Issue. 2009 - 2011.
. Role of Hearing Bodies in Quasi-Judicial Land Use Proceedings. 2007. http://www.hugoneighborhood.org/Hearing%20Bodies_0722607.pdf
. When Attorney Fees Can Have a Chilling Effect on Good Faith Claims and Defenses. 2005. http://www.hugoneighborhood.org/ISSUE%20PAPER_072805.txt.pdf
. Land Use Expert Witness Program
 
Example Documents Pertaining To Objections To The Record
 
. 2009 Example of Time Taken For "Objections to the Record" Process
. 2009 Precautionary Objection To Record
. 2009 Precautionary Objection To Record Exhibit A
. 2009 Objection To Record
. 2009 Objection To Record Exhibit A
. 2009 Objection To Supplement To Record
. 2009 Record Published Order LUBA No. 2008-224 July 27, 2009
. 2009 Record Published Order LUBA No. 2008-224 September 8, 2009
. June 26, 2014 Letter/Email Testimony to Hearing Body, the Josephine County Board of County Commissioners, from Walker on Testimony "Item" Record Process
 
Other Resources
 
. Land Use Case Review: A Review of Significant LUBA, Oregon Court of Appeals, Oregon Supreme Court and Federal Cases. Daniel H. Kearns, Michael C. Robinson, & Edward J. Sullivan for Oregon Chapter of the American Planning Association. 2010
. How to Win Land Development Issues. Richard D. Klein, Community & Environmental. 2003
 
F. Representation
 
1. Land Use Disclaimer Land use publications (e.g., letters, local government land use comments, brochures, citizen issue papers, LUBA appeals, newspaper articles, etc.) of the sponsors (i.e., Hugo Neighborhood Association & Historical Society, Rouge Advocates, and Goal One Coalition) are as much about providing information and provoking questions as they are about opinions of the sponsors concerning land use issues and concerns.
 
They do not provide legal recommendations to citizens and they are not legal advice. They do not take the place of a lawyer. If citizens use information contained in these publications, it is their personal responsibility to make sure that the facts and general information contained in them are applicable to their situation. The Hugo Neighborhood Association and Historical Society assumes no liability for information provided.
 
2. Local Land Use Representation
 
Local Representation
Hugo Neighborhood Association & Historical Society
http://www.hugoneighborhood.org/BROCHURE_Representation_010507.pdf
 
One of the most important functions of a land use organization is keeping the resources and efforts focused on the charity or non-profit’s land use mission. Decisions regarding the organizations funds and activities must promote the organizations’s public purpose rather than private interest. Individual members (persons) may represent its land use mission and may represent neighbors (persons), on local land use applications on a case-by-case basis.
 
In 2005 LUBA in Neighbors 4 Responsible Growth was not aware of any requirements that persons can not be represented by other persons in local land use proceedings. LUBA observed that it is common for individuals in local land use proceedings (applicants and opponents alike) to appear through other individual persons. Applicants for land use approval frequently appear through and are represented by engineers, planners and other non-lawyer professional individuals. Individual supporters or opponents of land use applications often appear on behalf of other individual supporters or opponents. Individuals (persons) can represent other persons and artificial entities (persons like associations and organizations) in local land use proceedings. In summary, LUBA was not aware of a legal prohibition on an artificial person appearing for and representing other persons in a local land use proceeding, and rejected the argument that LUBA should impose such a requirement.
 
LUBA’s administrative rules require that individuals appear before LUBA on their own behalf or be represented by an attorney. OAR 661-010-0075(6). Artificial entities wishing to participate in an appeal at LUBA must appear through and be represented by a lawyer.
 
. Neighbors 4 Responsible Growth v. City of Veneta, 50 Or LUBA 745 (2005)
. Neighbors 4 Responsible Growth v. City of Veneta, ___ Or LUBA ___ (LUBA No. 2005-109, Order, November 23, 2005), slip op 5. http://www.oregon.gov/LUBA/docs/orders/2005/11-05/05109.pdf
. Neighbors 4 Responsible Growth v. City of Veneta, ____ Or LUBA ____ (LUBA No. 2005-109, February 26, 2006. http://www.oregon.gov/LUBA/docs/opinions/2006/02-06/05109.pdf
 
Authors of Petition For Review  Per Jaffer v. City of Monmouth, "Intervenor moves to strike the petition for review. Intervenor contends the petition for review was "written by a very experienced land use attorney," and speculates that the petition for review was not written by the nine pro se petitioners who signed as authors of the brief. At oral argument petitioner Bob Rice thanked intervenor for the backhanded compliment. However, he stated that the pro se petitioners were indeed the authors of the petition for review. Intervenor appeared to withdraw the motion at oral argument. However, LUBA observed that even if the motion was not withdrawn, intervenor offers no basis for questioning petitioner Rice’s contention that the pro se petitioners who signed the petition for review are it authors."
 
In response to Jaffer v. City of Monmouth , Jim Just, Executive Director, Goal One Coalition, stated with conviction, " There aren't any such standards, and there is no case law. The whole thing was absurd. There's no requirement that any petitioner actually write his or her own brief - only that a pro-se cannot submit a brief on behalf of anyone else. LUBA should have come right out and said there's no basis in law for the principle that a person signing the brief must be its author."
 
Jaffer v. City of Monmouth, ____ Or LUBA ____ (LUBA No. 2005-123, April 14, 2006)
http://www.oregon.gov/LUBA/docs/opinions/2006/04-06/05123.pdf
 
Per Neighbors 4 Responsible Growth v. City of Veneta, Josephine County represents the norm with a policy which officially permits "limited power of attorney" (Limited Power of Attorney Form, Josephine County, http://www.co.josephine.or.us/Page.asp?NavID=378) for persons to demonstrate they are appearing for and/or representing other persons, including the land use applicant. However, it is assumed that the standard for representation at local land use proceedings identified in Neighbors 4 Responsible Growth v. City of Veneta would prevail over Josephine County’s requirement.
 
3. Legal Representation At LUBA The following on legal representation at LUBA is from LUBA’s FAQ No. 1 & FAQ No. 3 (Frequently Asked Questions (FAQs), Oregon Land Use Board of Appeals, http://www.oregon.gov/LUBA/Pages/FAQ.aspx).
 
Question 1: What is LUBA and what does it do?
 
Answer: The Land Use Board of Appeals (LUBA) was established by the Oregon Legislature in 1979. LUBA hears and rules on appeals of land use decisions made by local governments and special districts. LUBA is the only forum that can hear appeals of local land use decisions. The circuit courts no longer can hear such appeals. LUBA consists of three Board members who are appointed by the Governor. They are attorneys who are experts in land use planning law.
 
Question 3: Must every party in a LUBA appeal have an attorney?
 
Answer: No. An individual person may represent himself or herself in a LUBA appeal, but may not represent others unless that individual is an attorney admitted to practice in the State of Oregon. A group, organization or corporation must be represented by an attorney who is admitted to practice in the State of Oregon.
 
An attorney can be helpful in LUBA appeals because the issues are often complex. The Oregon State Bar operates a lawyer referral service at 1-800-452-8260 ext. 408. The service will give you the name of one attorney with a special interest in land use law and will guarantee an initial office consultation at not more than $35.
 
Lawyer Referral Service
Oregon State Bar
https://www.osbar.org/public/ris/

VI. STRATEGY OPTIONS

VII. PRACTICAL STUFF

VIII.  TRAINING WORKSHOPS

A. Talent 4 Clean Air & Water: June 19, 2013
B. Sunny Valley: May 2, 2014
C.

IX. TRAINING EVALUATION

X.  REVISIONS

XI. INSTITUTIONAL LAND USE MEMORY

XII. APPENDICES
 
See June 19, 2013 Talent 4 Clean Air & Water Training Workshop on Effective Land Use Testimony at http://www.hugoneighborhood.org/talent4cleanairandwater.htm.
 
A. Oregon Statewide Goal One - Citizen Involvement
B. Role of Hearing Bodies in Quasi-Judicial Land Use Proceedings
C. Oregon Statues & Rules
D. Frequently Asked Questions (FAQs) to LUBA
E. LUBA Headnotes Index (Land Use Issues Index)
F. Effective Land Use Training (ELUT) Resources
G. Examples of Effective Land Use Testimony (ELUT)
H. Index of Land Use Issues
I. Citizen Enforcement Orders

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2012 Hugo Neighborhood Association & Historical Society