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City Council Study Session Agenda and Packet 2016 01 12
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City Council Study Session Agenda and Packet 2016 01 12
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SSAGPKT 2016 01 12
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E. Applying evidence presented to relevant criteria <br />The task of a Council member sitting as quasi -judge is to determine whether the <br />relevant criteria that apply to a particular application or matter (liquor license, <br />rezoning request, etc.) have been satisfied based on the evidence and documents <br />presented. <br />Easy electronic access to information has again made a Council member's task more <br />problematic. Council members are discouraged from seeking answers regarding <br />factual issues they may see through their own efforts, rather than by inquiring of the <br />parties. No matter how easy it might be to find information through the internet or <br />otherwise, the fundamental rules governing conduct in quasi - judicial matters remain <br />the same: You are to consider what the parties present to you. YOU ARE THE <br />JUDGE, NOT THE INVESTIGATOR. Unilateral searches by Council members in <br />a quasi - judicial setting may create due process and notice problems, as well ascreating <br />unnecessary grounds for judicial challenges to the Council's ultimate decision. <br />Page 14 of 26 <br />
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