FOR IMMEDIATE RELEASE
Sept. 24, 2004

CONTACT: Jerry Anderson, (515) 271-2658, jerry.anderson@drake.edu
Lisa Lacher, (515) 271-3119, lisa.lacher@drake.edu

DRAKE LAW SCHOOL STUDY:
ZONING BOARD MAKEUP PAVES WAY FOR BIAS

A Drake University Law School team has determined that the makeup of planning and zoning boards and commissions in Iowa could influence their decisions in favor of developers against ordinary citizens, and that the state and its municipalities have done little to address the situation.

This is critical, say the authors, professor Jerry L. Anderson and Drake Law School graduate Erin Sass, because planning and zoning boards can affect the quality of life in neighborhoods where their decisions take effect.

"Zoning board decisions affect countless citizens in profound ways every day," concludes "Is the Wheel Unbalanced? A Study of Bias on Zoning Boards" published in the summer 2004 issue of The Urban Lawyer, the American Bar Association's national quarterly of state and local government law, released earlier this month. "The power to change a zone from residential to commercial or even industrial use can mean that your peaceful neighborhood may become a nightmare. A variance granted can mean increased traffic, more noise, light pollution or obnoxious odors. Every decision a zoning board makes affects the daily lives of the city's people — what they see or hear, where they have to drive, where they can walk, how they live."

Anderson, who is the Richard M. and Anita Calkins Distinguished Professor of Law at Drake University Law School and an expert in environmental law, and Sass found that there is a significant white-collar bias on Iowa zoning boards.

In surveying 177 cities and towns in Iowa, the pair discovered that even though the professional, technical and managerial class comprised only about a third of the Iowa work force, they made up a little over half the membership of boards of zoning adjustment (BZAs) and planning and zoning (P&Z) commissions. "Conversely," they write, " 'normal citizens,' who might be more sympathetic to the complaints of the neighbors impacted by development, are left off of these boards in favor of business or professional types. . . ."

This majority solidifies in larger cities, the authors report. "While the professional/ technical/managerial group makes up only 41 percent of board members in the smallest towns," they write, "that number climbs steadily until it reaches about 75 percent in cities over 25,000."

In addition, the authors found that citizens having some stake in development activity, such as real estate brokers, architects and attorneys, were often overrepresented.

"Although much depends on interpretation," the study says, "we conclude that the majority of those sitting on zoning boards stand to benefit, either directly or indirectly, from development." Although those with an interest in development may be more likely to volunteer for service on these bodies, the authors warn that the result may be unfair decision-making.

The authors recommend that municipalities make a stronger effort to include a broad cross-section of citizens on zoning boards. Unless the situation improves, the state may need to enact stricter laws governing who may be appointed.

They also recommend that the state and municipalities take stronger steps to define conflicts of interest, which could serve as a check to board members' inherent occupational bias. Though Iowa has a general conflict-of-interests statute for public employees, they report, the law doesn't define conflict of interests clearly. The study also reveals that most Iowa municipalities have no conflict ordinances.

"Provisions should be broad in scope, to cover direct and indirect bias situations," they recommend. "When in doubt, board members should recuse themselves, to ensure that boards regain the public's confidence that the wheel is indeed balanced."

Finally, the authors encourage courts to take this biased makeup into account when reviewing decisions made by those boards. "Until boards become more balanced," they write, "courts should be aware that boards are typically weighted toward white-collar interests and that there is some development bias on most boards."

Anderson, a professor of law at Drake University since 1991, has been published in numerous journals and texts dealing with environmental law. He serves on the editorial board of Environmental Law Review, an international journal published in England.

- 30 -