(a) Purpose. Informed public actions on land use matters require a full exploration of often complex factual and legal issues. An independent People's Counsel can protect the public interest and promote a full and fair presentation of relevant issues in administrative proceedings in order to achieve balanced records upon which sound land use decisions can be made. In addition, a People's Counsel who provides technical assistance to citizens and citizen organizations will encourage effective participation in, and increase public understanding of and confidence in, the County land use process.
(b) Authority; duties. To protect the public interest and achieve a full and fair presentation of relevant issues, the People's Counsel may participate in a proceeding before:
(1) the Board of Appeals if the proceeding involves a variance or a special exception;
(2) the County Council (solely for oral argument) or the Hearing Examiner for the County Council if the matter involves a local map amendment, a floating zone plan approved under the zoning process or a conditional use; and
(3) the Planning Board if the proceeding involves action on an optional method development, a subdivision plan including a subdivision plan for a cluster development, or a site plan.
The People's Counsel may also file a complaint under Section 59-G-1.3(b) alleging failure to comply with a special exception, or may seek a modification of a special exception under Section 59-G-1.3(c) or a revocation of a special exception under Section 59-G-1.3(e).
(c) Restrictions. The People's Counsel must not participate in any legislative proceeding, or in any proceeding before a board or agency of any municipality in the County.
(d) Participation. The People's Counsel is a party in a proceeding under subsection (b) once the People's Counsel files a notice of intention to participate. After the notice is filed, the People's Counsel is entitled to all notices to a party and may participate by making motions, introducing evidence, calling witnesses, examining and cross-examining witnesses, and making arguments as the law and the evidence in the proceeding warrant. The People's Counsel may file and argue an appeal the same as any other party to the proceeding.
(e) Independent status. The People's Counsel must not represent the County, any government agency, or any private party in any proceeding. The People's Counsel is not subject to the authority of the County Attorney.
(f) Notice. If the People's Counsel intends to participate in a proceeding, the People's Counsel must give all parties a notice of intention to participate.
(g) Discretion. In the People's Counsel's discretion, the People's Counsel may withdraw from, or decline to participate in, any proceeding in which the Counsel may participate under subsection (b). The People's Counsel is not liable to any person for participating in, or declining to participate in, any proceeding.
(h) Technical assistance. Without becoming a party to any judicial or administrative proceeding, and subject to available time and resources, the People's Counsel may provide technical assistance to any person about a proceeding listed in subsection (b). When providing technical assistance under this subsection, the People's Counsel must inform the recipient that the People's Counsel is not acting and cannot act as a personal attorney for the recipient.
(i) Coordination. The People's Counsel must coordinate the services of its office with those offered by land use information staff in the Council, Board of Appeals, and Planning Board, to avoid inconsistency and duplication and to maximize the assistance offered to citizens.
(j) Annual report. The People's Counsel must annually report to the Council on the activities of the office. (1990 L.M.C., ch. 22, § 2.; 1999 L.M.C., ch. 19, §§ 1 and 2; , § 1; , § 1.)
