The Letter of the Law

Apr 25, 2015 | 3 comments

Entering the National Historic District

Entering the National Historic District

For the last year or so, there has been much discussion in Oysterville about rules and regulations and the law. We residents have been in the process of reviewing and updating our Oysterville Design Guidelines as well as Pacific County Ordinance #162 which provides legal oversight for our National Historic District. The County is working on its Comprehensive Zoning Plan and now is our opportunity to update, fine tune, and generally overhaul our particular portion of it – or at least to have input into the process.

It’s not easy. It has fallen to the Oysterville Design Review Board (ODRB) and its current chairperson to co-ordinate the process and to insure opportunities for all residents of the Historic District to be involved. But, as is usually the case, some of the most vociferous critics of the ODRB over the years have been conspicuous by their absence at meetings. And, also as is typical, some of the most enthusiastic participants in the revision process are among our newest residents in town, yet have the least background regarding the management of the Historic District.

From Plan...

From Plan…

Participation in this review process has seemed to ebb and flow. Sometimes the meetings are well attended; sometimes not so much. Discussions have run the gamut from thoughtful and helpful to heated and unpleasant. Some committee members have ‘resigned’ through frustration or disagreement. Through it all, the ODRB has persevered and maintained a professional demeanor. I commend them all.

As one of the few residents who remember back into ‘the dark ages’ of the late seventies when the first Guidelines and Oysterville Ordinance were developed, I find myself increasingly concerned with “intent” rather than with the “letter of the law.” It seems to me that we are losing sight of the “why” of things and are becoming much more concerned with the “how.” But often the original intent and reasoning is unstated, and it’s left to the aging memories of only a few of us to try to clarify.

...To Reality!

…To Reality!

Which is best: to state only the rule? Or to also state its intent? We used to have this argument back in the days I was involved in collective bargaining for teachers – both in California and here. And, at meetings of various Boards on which I have sat there are often discussions about how much to state in meeting minutes. One major criterion seems to be that, should there ever be a lawsuit, only the letter of the law can be adjudicated.

That makes perfect sense to me, but in the day-to-day management of things, it is very helpful to know the whys of those rules. And, after all, we are dealing with a document called “Guidelines.”  It stands to reason that the more extensive the documentation about the reasoning behind a rule or regulation, the clearer the guidance and the better the resulting policy will be understood and interpreted as time goes by. (Currently the Oysterville Restoration Foundation Board keeps their minutes brief and to the point with only those motions that pass mentioned. However, we also keep on file extensive background notes reflecting our discussion and thinking – a great way to satisfy both approaches.)

In the matter of reviewing, revising and even following the Design Guidelines in Oysterville, we seem to have come to a Great Divide on those matters. There are those who feel that keeping Oysterville’s ambiance is a matter of clearly stating the do’s and don’ts so that we all can and will follow the letter of the law. And there are those who feel that the Guidelines merely help us understand how to do what we want to do anyway – protect the character of National Historic District. And so the beat goes on.

3 Comments

  1. Bradley Huson

    Hmmm….. as I have stated ” vociferously” in the past,it would be most helpful if the persons on the ODRB would just read the documents that they are supposed to be administering, and interpret them correctly. Which is never been the case as long as I have lived in Oysterville. Granted, that is not very long, but, it’s completely obvious that the guidelines have never really been followed by the persons who have been administering them or the persons who have been involved with construction on their properties. as I have stated to the ODRB at virtually every ODRB meeting that I have attended,” you’re not here to make up the rules you’re here to follow the rules that are in front of you”. And this gentle reader does not have any more time to beat his head against the wall over this particular cause. It would seem, however, that in order to revise the ordinance, and the guidelines, that the ODRB should be able to reflect upon what it is not doing correctly in the first place, but that does not seem to be the case. Hmmmm…..
    .

    Reply
  2. Claudette Tourtellotte Ferriter

    “Interrupt them correctly”? I’m sorry, that doesn’t make sense to me!

    Reply
    • Bradley Huson

      Granted, my email is not the best, and there are some typos in it because it is being composed and sent from my phone, but what you are referring to is not one of them. Maybe you should be sleeping at 1:28 a.m. and not reading and responding to blogs.

      Reply

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