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Resolution 2020-30
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Resolution 2020-30
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Last modified
5/7/2024 3:12:03 PM
Creation date
4/9/2020 3:12:55 PM
Metadata
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Template:
City Council Records
Also Known As (aka)
Electronic participation for Quasi-Judicial Hearings at meetings in emergencies
Meeting Date
4/7/2020
Doc Type
Resolution
Signed Date
4/7/2020
Ord/Res - Year
2020
Ord/Res - Number
30
Original Hardcopy Storage
9C5
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Resolution No. 30, Series 2020 <br />Page 2 of 4 <br />WHEREAS, current available information indicates the City Council and Appointed <br />Bodies may not be able to meet in person for an extended period of time and thus the nature and <br />extent of the COVID-19 Pandemic is extraordinary; and <br />WHEREAS, the City Council finds that holding quasi-judicial hearings constitutes an <br />important function of City government; that not holding such hearings for an extended period of <br />time may present a burden to City residents, property owners, and businesses; and that the public <br />health, safety, and welfare of the City will best be secured and protected during this COVID-19 <br />Pandemic by permitting quasi-judicial hearings to proceed at electronic meetings in accordance <br />with the procedures set forth herein. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />Section 1. The amended City Council Rules of Procedure are hereby approved in the <br />form accompanying this Resolution. <br />Section 2. The City Council and Appointed Bodies are hereby authorized to hold <br />quasi-judicial hearings at a meeting by Electronic Participation, subject to the procedures set <br />forth in this Section 2; provided, however, no quasi-judicial hearing shall be held for any matter <br />the decision of which is subject to referendum. <br />A. Applicant’s Written Request. In the event a pending quasi-judicial matter <br />is scheduled for a public meeting to be conducted by Electronic Participation, or an <br />applicant wishes to request an as-yet unscheduled hearing be conducted by Electronic <br />Participation, a written request shall be made on a form provided by the City. The <br />applicant shall acknowledge that holding a quasi-judicial hearing by Electronic <br />Participation presents certain legal risks and involves an area of legal uncertainty, and the <br />applicant shall agree that moving forward with a quasi-judicial hearing by Electronic <br />Participation shall be at their own risk. Land use applicants shall additionally agree to <br />defend and indemnify the City in any action that may arise out of, or in connection with, <br />conducting the hearing by Electronic Participation. <br />B. City Manager to Determine Suitability of Conducting Quasi-Judicial <br />Hearing by Electronic Participation. The procedures adopted by this Resolution create <br />no right in any party to a quasi-judicial matter to have a hearing conducted by Electronic <br />Participation. Upon receipt of a written request, the City Manager or their designee shall <br />determine whether the City has the capability to hold the particular type of hearing by <br />Electronic Participation, what available form of Electronic Participation is most <br />appropriate for the type of hearing, and set date(s) for the hearing(s). Such hearings shall <br />be open to the public and provide the ability for interested members of the public to join <br />the hearing electronically. The method chosen by the City Manager or their designee <br />shall ensure the public has the ability to view or listen to the hearing in real time and <br />interested parties may speak. If at any point the City Manager or their designee
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