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Advisory vote only way to know public's opinion

| May 2, 2005 9:00 PM

One significant change is pending in Sandpoint — and residents can vote on it the week of May 9. In the April 26 Daily Bee, David Keyes told it like it is when he stated that the proposed increase in permitted building heights directly benefits Panhandle State Bank. Why was everyone careful not to say this in the City Council meeting last week? At the Planning Commission meetings much of the testimony revolved around how important it was to PSB. Why the change?

I believe it was because of possible conflict of interest. One council member has a spouse who works for PSB. Another is a member of a law firm which represents PSB. But conflict of interest only applies in quasi-judicial proceedings not legislative proceedings. Guess what distinguishes them?

If a proposed ordinance is designed to benefit the public at large or many people, it is a legislative activity in which conflict of interest issues are not relevant. But if it is designed to benefit a very few parties then it becomes a "quasi-judicial" activity. Pretending that the ordinance has nothing to do with PSB so councilors' conflict of interest could be ignored tainted the process.

One way of overcoming the problem created by this failed maneuver is the community to make its voice heard. If the vote goes against the changes, then the council members who vote for the changes will have to explain their actions. If the community votes for some changes, then the supposition that the ordinance passed because of backroom politics will be laid to rest.

As an aside, it should be pointed out that this is only the second advisory vote in 25 years — the bypass vote in 1993 was the other one. This hardly represents a refusal of our local officials to carry out their electoral duties. Sandpoint residents registered to vote can do so 8 a.m.-5 p.m., May 9-13 at City Hall (1123 Lake St.).

GRETCHEN ALBRECHT-HELLAR

Sandpoint