Neighborhood law, policy conference widely attended

Anne Constable | The New Mexican

12/18/2008 - 12/19/08

What was billed as the first annual "Law and Policy for Neighborhoods" conference got off to a good start Thursday, drawing more than 100 lawyers, planners, preservationists and neighborhood activists.

Attorney Daniel Yohalem deftly moderated a discussion about the role of politics in land-use discussions.

Most of the commentary centered on recent case law involving situations in which city councils did not follow their own policies.

In July, for example, the Santa Fe District Court reversed a City Council decision rezoning land off Old Taos Highway for a 19-unit condo project. Civic groups charged the developers won approval by promising to build affordable housing on the north side. The judge said the promise of affordable housing does not trump the city's zoning ordinance.

Earlier this year, the state Supreme Court issued a far reaching ruling in the Albuquerque Commons case, saying administrative agencies adjudicating an appeal must follow quasi-judicial procedures. That means they must act as an impartial tribunal — i.e. no ex parte (by or for one party) conversations — provide the opportunity for parties to be heard and produce findings of fact and conclusions of law, among other things.

Failure to do so could result in multimillion dollar verdicts against them, legal experts are warning.

Attorney Frank Herdman suggested the city consider taking politics out of the often emotional/political appeal process by turning it over to a panel of experts trained to address land use issues who would make the final decision.

Herdman said he preferred that option to another model: an independent hearing officer who makes findings and conclusions, which can be appealed to the city council.

Former city attorney Mark Basham said he liked the panel idea. Recalling land use cases that came up during his tenure, Basham said, "I tried to enforce education. I tried to ban ex parte conversations, and I took it on the chin. I like this model."

"The Supreme Court decision really created the need and leverage for process reform. It's important because the city has budget problems. It could pay a huge price for not refining its process," warned Fred Rowe, a founding member of the Neighborhood Law Center.

But former Santa Fe County Manager Gerald Gonzales said he was worried about the "creeping judicialization of the administrative process." Lawyers like predictability, he noted, but the proposed reforms could lead to reduced citizen access. Neighborhood groups appearing before an administrative agency, he said, might have to be represented by lawyers. "I'm concerned about that. We need to make sure the process is accessible to ordinary citizens," he said.

Deanna Einspahr of the La Joya neighborhood said she also was concerned the process could become so legalistic that associations "most of which operate on zero money and the largesse of their members" would have to hire lawyers. "It's important for the public to have a way into the process. (I'm not sure) that a board of experts would provide that," she said.

The second day of the conference begins today with a continental breakfast at 8 a.m. outside the DeVargas Room at the Santa Fe Community Convention Center.

Contact Anne Constable at 986-3022 or aconstable@sfnewmexican.com.


IF YOU GO

What: Law and Policy for Neighborhoods conference

When: 8:30 a.m. to 5 p.m. today

Where: Santa Fe Community Convention Center

Who: Santa Fe Neighborhood Law center and city of Santa Fe

Cost: Free for the public, fee for continuing education students



TODAY'S SCHEDULE

8:45 a.m.: Affordable housing policies and legal implementation options

9:45 a.m.: Pre-emption and limitations on Santa Fe greening agenda

11 a.m.: Legal implications of transit-oriented development and impact of new transit facilities on neighborhoods

1:30 p.m.: Law and planning policies for diverse 2020 Santa Fe neighborhoods

2:45 p.m.: Ethical lawyering in administrative proceedings

3:45 p.m.: Pro bono representation and community support: a town hall format discussion