By DOTTY NIST
Over the past decade there has been discussion in Walton County of enlisting the assistance of a special master or magistrate for handling of some of the hearings that are currently held by decision-making boards appointed by the Walton County Board of County Commissioners (BCC).
In some areas, special masters, who are often retired judges, are used to hear items classified as quasi-judicial, meaning those that put the decision maker or makers in a role similar to that of a judge.
In 2011, under the tenure of then-County Administrator Greg Kisela and then-Walton County Attorney Lynn Hoshihara, the BCC directed county staff to draft a “hybrid ordinance” that would provide for alleged violations of county code to be heard either by the Walton County Code Enforcement Board, as has been the practice, or by a special master or magistrate. Despite that direction, such an ordinance was never brought forward.
Three years later, Walton County District 4 Commissioner Sara Comander brought up the special master topic again at the Nov. 12 BCC meeting. Comander discussed using a special master to hear quasi-judicial items that would otherwise be heard by the Walton County Zoning Board of Adjustment and the code enforcement board. These are commissioner-appointed volunteer boards composed of citizens who are charged with making final decisions that are appealable only through the court system.
Comander stressed her appreciation for the members of these boards, their diligence and dedication. She said she had been approached by county staff members and by citizens who had suggested that the county look at utilizing a special master.
Comander said challenges with the boards had been attendance at meetings and getting people to serve. She indicated that some people on the boards had been serving for a long time and wanted to get off. She added that if quasi-judicial items were shifted to a special master, the boards would continue to be needed to hear legislative items.
District 5 Commissioner Cindy Meadows brought up some potential problems with using a special master. She had concerns that input by the public on the items being heard would suffer under the plan. Another of her criticisms was that the commissioners would be required to read lengthy reports from the special master and take them up within a specified time limit. It was her feeling that the board system was more democratic as well and would not give a single person responsibility for a decision, allowing more of a chance for politics to influence a decision.
Comander responded that politics could enter into decisions by a board as well. She said it was her understanding that a special master could take comment from the public during hearings.
Meadows commented that anyone serving on one of the boards could get off the board just by asking. She added that citizens do want to serve on these boards.
Coming forward to address the commissioners, Santa Rosa Beach resident Bob Hudson said he had done some research on the issue, contacting half a dozen counties. Hudson said that in some counties a party is able to choose whether his or her case will be heard by a board or by a special master. Hudson said his investigation revealed the use of a special master to be “a very expensive process” due to the cost of hiring the expert. He offered to provide the results of his research to the county.
Hudson also said that he was not aware of people wanting to leave the boards. If this is so, he said, others are willing to be appointed. Hudson said that if he were going before one of the boards he would rather do it in front of fellow citizens than a special master.
A representative of Seaside’s homeowners’ association expressed appreciation to the commissioners that they were looking at the alternative process. He encouraged them to continue to investigate the possibility, looking not only at cost but the public comment issue in order to ensure that citizens would be able to provide their input during hearings.
The commissioners directed Walton County Attorney Mark Davis to do some research on how other counties handle hearings of this nature and prepare a presentation on alternatives to the current procedures, including the use of a special master.
Contacted on Dec. 1, Comander said she thought the special master option should at least be discussed. She saw it as a possible way for items going before the boards to be heard in a more timely manner in some instances.
Comander said she would be “fine” with continuing with the boards handling all the hearings as is currently taking place, if that decision was made after information was presented and the matter was considered.
It is anticipated that this information being gathered by Davis will be brought before the BCC in late January or in February.
