Legal Review Committee Agenda and Packet 2020 05 06

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Public Meetings in the Front Range During the Covid-19 Outbreak Apr 17, 2020 Client Alert Brownstein Client Alert, April 17, 2020 Throughout Colorado, public meetings of virtually all types are being disrupted by the outbreak of COVID-19. In light of the state’s restrictions on public gatherings, many local governments in the Front Range have had to work quickly to develop procedures to shift from in-person meetings to virtual meetings, adopting emergency ordinances and resolutions, and otherwise establishing new procedures. Other quasi-governmental entities, such as urban renewal authorities, business improvement districts and metropolitan districts also have switched from in-person meetings to virtual meetings. Virtual meetings raise a variety of potential new issues, including technical glitches and susceptibility to hacking. Virtual meetings also could create constitutional due process issues in certain instances where a right to be heard is a key component of the process, such as quasi‑judicial matters. In such instances, a risk exists that either an applicant or a member of the public could claim their due process rights were violated because the alternative or virtual means of participating were not adequate or meaningful. Under normal circumstances, a member of the public who did not have access to a computer or the internet could participate in a virtual meeting by visiting their local library. But in the current situation, most libraries are also closed to in-person visits by the public. Because the COVID-19 outbreak has restricted peoples’ ability to participate in public hearings, some local governments are allowing alternative methods of comment to ensure that the public has adequate and meaningful means of participation. These alternative methods of comment are in addition to the typical methods of public comment like mail and email. In light of the concerns raised by virtual meetings, local governments in the Front Range have taken four different types of approaches to hearing quasi‑judicial matters: (1) postpone all quasi‑judicial matters until an in-person meeting can be held; (2) proceed with quasi-judicial matters with consent of the applicant; (3) proceed with quasi‑judicial matters with applicant’s consent so long as the applicant agrees to waive future legal challenges; and (4) proceed with quasi-judicial matters as scheduled. This client alert summarizes the approach of many of the local governments in the Front Range as to public meetings during the COVID-19 outbreak. All data is based on self‑reporting by the municipalities. Other organizations, such as the Colorado Attorney General’s Office, the Colorado Municipal League and Colorado Counties, Inc. also provide guidance and summaries on how local governments should and are proceeding with public meetings during the COVID-19 outbreak. Click here to read more Brownstein alerts on the legal issues the coronavirus threat raises for businesses. Jurisdiction Website and Source of Authority Key Points Website Technology Meeting: Zoom or telephone Public Comment: Email © 2020 Brownstein Hyatt Farber Schreck, LLP. All rights Reserved.