The ‘Shalls’ Are Necessary
Like Spokane County Commissioner Kate McCaslin, Thomas D. Hargreaves hates being told what to do.
As a member of the Spokane County Planning Commission, Hargreaves is familiar with the proposed sediment and erosion control ordinance that the county commissioners are considering.
McCaslin was quoted in “Bagpipes” last week as supporting the purpose of the ordinance but having misgivings about its heavy use of mandatory language - too many “shalls,” too few “mays.”
In short, too little room for officials to use discretion in deciding how to deal with permits and violations.
Says Hargreaves, there is “an abundance of discretion written into this pending law.” He also notes that the building industry participated in writing the ordinance.
“As to the words ‘shall’ vs. ‘may,’ the mandatory words are needed because in the very recent past discretion seems to have been used with bias in interpreting development regulations,” says Hargreaves.
It’s the small developers, trying to eke out a living, who get hit with the letter of the law, he says.
“On the other hand, for big developers with a lot of land, enough money to hire $300-an-hour lawyers, or who wielded other significant power, even the word ‘shall’ was discretionary (with at least one Superior Court decision to prove it),” contends Hargreaves.
“Small developers and neighborhood opponents alike have felt helpless before a monstrous county government that didn’t seem to listen to anyone with less than a thousand acres or a few million dollars. Many believe that discretion has been abused. Therefore, ‘shalls’ are necessary.”
Hargreaves says 95 percent of the gray areas and extenuating circumstances that give rise to the calls for discretion are benign issues, but it’s the 5 percent that are malignant that necessitate rules.
“When we humans eventually grow up, that will change. But that time is not yet. Until then, we need some ‘shalls.”’
What would make ‘98 great?
Take a brief time-out from your own Christmas and New Year’s resolution lists and think about the goals the community should aim for in 1998.
Send your thoughts about the Spokane area’s most pressing challenges to “Bagpipes.”
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