On January 29, 2015, the BCC on a quiet weekday hearing with very few people present changed the rules of cross examination at quasi-judicial hearings.
This move first caught our attention through the excellent blog, Palm Beach County Issues & Views
The change meant that no longer would representatives of participants such as the Audubon Society, who come to a public hearing to argue that certain applications before the commission are against the public interest, be able to cross examine witnesses with the same advantage enjoyed by applicants, such as G.L. Homes, who have been lobbying for commissioners to approve special interest projects.
The earlier rule was, “All witnesses are subject to cross-examination during the hearing.”
The new rule reads: “All witnesses are subject to cross-examination during the hearing by the Applicant and County staff. Participants may submit cross-examination questions in writing to the Chair of the Commission who will address relevant questions to the appropriate individuals.
The rule change effectively throttles the ability of public participants to cross-examine witnesses as freely as the applicants who have been seeking the commissioners’ approval for their interests.
Only 21 days before, on January 8, 2015, at a BCC Hearing Dan Lobeck, a land use attorney hired by the Audubon group, questioned the legality of the zoning notices published in the newspaper because they did not display maps, just text. County attorney Bob Banks disagreed. Mr. Lobeck also closely cross-examined each commissioner as to their ex-parte meetings with the applicants and their agents in advance of the hearing. Each commissioner testified that they had been visited by persons related to the GL Homes project in question, but had not pledged support or made up their minds before the hearing.