2026-01-12 - Minutes DRAFT 1 - Laserfiche WebLink

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V. DEPUTY CORPORATION COUNSEL REPORT: 1. Deputy Corporation Counsel to provide guidance on legal requirements of the rule-making process. Chr. Chang resumed the meeting with the Deputy Corporation Counsel report and invited Deputy Corporation Counsel Campbell to provide information on the rulemaking process. No public testimony was offered. Deputy Corporation Counsel Campbell explained that rulemaking is a formal legal process used when the commission adopts or amends its rules of practice and procedure. She noted the rules were last changed during the 2022 to 2023 process, prompted by charter changes that shifted stewardship grant oversight from Parks and Recreation to the Department of Finance, which required updates to references in the rules. She described the prior effort as a nearly year long process that began with repeated agenda discussions to review the rules section by section and develop a draft, followed by the formal rulemaking steps required by law. Ms. Campbell said the formal rulemaking requirements are set out in Chapter 91, including publication and notice requirements, and the key purpose is to provide the public an opportunity to comment on proposed rule changes. She explained that in practice the commission often uses meeting discussions to develop the draft language before starting the formal publication and notice process. Ms. Campbell noted the commission is considering a potential change related to scoring threshold, which appears later on the agenda, and said if the commission chooses to reopen the rules it has two options.The commission may limit the work to revising one or two specific sections, or it may reopen the entire rules document to consider broader changes. She emphasized that discussion does not require that changes be made. Ms. Campbell described tradeoffs. Reopening all rules could lead to a long process similar to the prior year long effort, although it may be shorter because the rules were reviewed recently. Focusing on a limited change would be more efficient, with discussion and drafting occurring during a meeting, followed by staff handling the notice and publication requirements, and then holding a formal rulemaking meeting after the required 30 day notice period. She said that approach could be as short as two meetings, depending on meeting cadence. Ms. Campbell then asked whether commissioners had any questions. Cmr. Markoff raised a question about a proposed summit or broader discussion on procedures and processes being organized by Ashley Kierkiewicz and asked whether there is a clear distinction between County Code provisions governing PONC and the rules Ms. Campbell was describing, and where that distinction is delineated. Deputy Corporation Counsel Campbell explained the hierarchy of authority for PONC, beginning with the County Charter as the highest governing document, followed by the County Code, and then the commission's rules of practice and procedure. She explained that each lower level must be consistent with and cannot conflict with the level above. She added that the County Council has authority to amend the County Code and described the Council's current effort, through an ad hoc committee, as focusing on potential changes to the acquisition process. DRAFT-Minutes of January 12, 2026 Page 10