s lobbying for floodplain rules criticized

A member of the Lawrence-Douglas County Planning Commission says he doesn’t like being lobbied by City Commissioner David Dunfield on proposed floodplain regulations.

“I am concerned that a member of a governing body is advocating before the (planning) commission on an action that’s going back before the governing body of which he is a member,” Planning Commissioner Ron Durflinger said.

Dunfield was unapologetic Tuesday.

“Last I heard, the First Amendment still applied to city commissioners,” he said.

It’s been a year since the Lawrence City Commission told the planning commission to develop restrictive rules governing development in the city’s floodplains. Dunfield has kept a close eye on the process, appearing several times before both the full commission and a subcommittee that authored the regulations to advocate for strict rules.

When speaking generally in favor of floodplain rules, Dunfield has said he spoke for the city commission. When commenting on specific details, he has said he speaks as a private citizen.

The problem, Durflinger said this week, is that planning commissioners and the public can’t be expected to separate Dunfield from his public position. Some planning commissioners might feel undue pressure to follow Dunfield’s position, Durflinger said.

“I don’t know what their rules are, but we’re supposed to keep our minds open on these items, and it sounds like he’s made up his mind,” said Durflinger, whose appointment to the Planning Commission was confirmed twice by city commissioners.

Dunfield disagreed.

“I don’t think there’s any secret I’m an advocate for stricter floodplain regulations,” he said. “My opinion isn’t likely to change, depending on what side of the table I’m on.”

He said he wouldn’t lobby the planning commission if there were rules prohibiting the practice.

Assistant City Manager Dave Corliss said there’s no such restrictions.

“It’s not inappropriate for a governing board member to speak as an individual to members of an advisory board,” he said.

The planning commission will discuss the proposed regulations at its meeting, 6:30 p.m. today in City Hall.