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Old 08-03-2011, 03:02 PM   #441
MAXUM
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Quote:
Originally Posted by lawn psycho View Post
Now you see what I was referring to as the subjective nature of the criteria. So even if someone presents data, what is the threshold they must meet? Very poorly written from a legal standpoint......

What is important for people to notice is the requirements are all to be considered, not just cherry pick one.
It may be subjective, but at the same time it is not always effective to bog down the decision making process with immovable criteria either. There comes a point in time where to much of that creates a situation where the people who are entrusted to make these kinds of judgement calls end up hog tied. In other words at least how I look at it, the only way to reasonably govern is to create a framework that provides the flexibility for decision making on the part of the Director and if need be prior decisions can be used (as in a court of law) to help establish some precedent for or against. There is no way to get to any level of detail legislatively because there are such massive variations in each case that could be presented. Not to drag up an already beaten subject or hijack the thread here, but this is why I thought there was no real need for a SL since there were already laws on the books that gave the MP the tools necessary to deal with irresponsible operation, speed included. It did however require the MP to make a judgement call.

I guess the way I look at it people such as the Director are placed in these positions to make these decisions and one would think they are there because they have the necessary experience to be well versed enough to do this successfully based on the facts present weighed against the criteria spelled out above.

The requirements listed are not all encompassing or at least that's the way I read it. Some of those may not be applicable, so if one or two doesn't apply does that mean the petition is without merit? I think not, just as some may have more weight then other do. For example if a petition is filed solely on the basis of a perceived safety issue there is absolutely no reason for that to be invalidated. However I do agree that with any evidence presented there is perception passed off as fact and fact dismissed as perception. This is where the DOS needs to be careful to evaluate the petition and accompanying testimony. Like a judge and jury separate the fact from fiction ultimately resulting in a decision that is in the best interest of the public. We can have neither a free for all out there, nor a bunch of land owners locking the lake up like it belongs to them.

Maybe we all should realize that we're all human and not perfect. In making these decisions there are winners and losers - just the way it is. I'd prefer that the DOS be given the benefit of the doubt and thus enough freedom to make judgement calls without the burden of undo restrictions. I have enough faith in the DOS to be confident they will not pass this NWZ because at no level does it make any sense whatsoever.
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