Agenda Date: 04/10/18
Subject:
Title
Discussion on concept rules for quasi-judicial proceedings by City Council, Boards, and Commissions
Body
Presented By:
Steve Kemp, City Attorney
BACKGROUND:
The city council and some of its appointed boards act in a quasi-judicial manner. This means that the council or board acts a judge on a matter. Generally, in the judicial arena, these processes are governed by specific rules (Colorado Rules of Civil Procedure, Colorado Rules of Criminal Procedure). The only provision governing such hearings in the City of Littleton is Section 2-2-4 of the City Code which provides a general description of the proceedings.
It is important to have rules for quasi-judicial proceedings as the city is required to provide procedural due process to applicants before these bodies. Procedural due process is fair rules which are then followed by the government. Examples of bodies that exercise quasi-judicial functions include:
1. City council on rezonings
2. Board of Adjustment on variances
3. Building Board of Appeals on building official actions
4. Historic Preservation Board on certificate of appropriateness appeals
Working with the staff, a proposed set of rules for quasi-judicial proceedings was developed. Quasi-judicial proceedings from jurisdictions both in Colorado and in other states were reviewed, including California, Florida, and Washington.
STAFF ANALYSIS:
Colorado is one of several states that have designated certain types of land-use procedures as quasi-judicial. This means that in those types of procedures, the hearing body is essentially functioning as a judge. Unlike legislative matters, the hearing body may only consider evidence that is part of the official record. Any other evidence is not relevant to the matter. Citizen comments must pertain to the matter and be submitted in writing or given by testimony.
As with any judicial officer, the hearing body may not engage in conversations with parties outsid...
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