Laserfiche WebLink
VI. QUASI - JUDICIAL PROCEEDINGS — SPECIAL ETHICAL <br />CONSIDERATIONS <br />A. Understanding the distinction between legislative and quasi - judicial <br />matters <br />1. Legislative matters are matters of general concern or applicability <br />throughout a municipality or certain portions thereof. Examples of <br />legislative acts include adoption of a master plan, imposition of a fire <br />ban or watering limitations, adoption of a junk ordinance, enactment of <br />a tap or impact fee, etc. <br />2. Quasi - judicial matters are somewhat more difficult to identify. They <br />often relate to only a specific individual or a piece of property and <br />usually involve applying specified standards to a particular <br />circumstance. To be considered quasi - judicial, a matter must satisfy <br />three criteria: <br />a) Notice is required before action may be taken <br />b) A hearing must be conducted before action may be taken <br />c) The body sitting as the quasi - judicial body must apply specified <br />criteria to a particular person, property or circumstance. <br />See Baldauf v. Roberts, 37 P.3d 483 (Colo. App. 2001) <br />Examples of quasi - judicial matters include liquor license applications, <br />rezonings, special or conditional use permits, variances, etc. <br />B. Constituent contacts regarding legislative matters <br />For an elected official to be contacted by a constituent regarding a legislative <br />matter is not only proper from an ethical standpoint, but it is one of the <br />common and endearing characteristics of local government. Local government <br />is often the only level citizens feel they are able to contact with any degree of <br />effectiveness. <br />C. Constituent contacts regarding quasi - judicial matters <br />The more problematic area from an ethics standpoint involves contacts by <br />constituents regarding quasi - judicial matters. The source of limitations in this <br />area comes not from local law or state statute, but rather from the case law <br />relating to due process of law under the state and federal constitution. In <br />general, a party appearing before a quasi - judicial body is entitled to a fair and <br />impartial tribunal, just as a party before a court would expect to receive. It is <br />this entitlement that limits what the "quasi- judges" can and cannot do. <br />Page 12 of 26 <br />