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<br /> <br /> <br /> <br /> <br />LEGAL COMMITTEE COMMUNICATION <br /> <br />LEGAL COMMITTEE <br />COMMUNICATION <br /> <br />SUBJECT: DISCUSSION/DIRECTION – POSSIBLE QUASI-JUDICIAL <br />HEARING OPTIONS DURING COVID-19 RESTRICTIONS <br /> <br />DATE: MAY 6, 2020 <br /> <br />PRESENTED BY: MEREDYTH MUTH, CITY CLERK <br /> <br /> <br />SUMMARY: <br />The City Council has asked the Committee to look into what possible options there are <br />for holding public hearings for quasi-judicial items during the COVID-19 outbreak and <br />while there are strict limitations on in-person gatherings. Some cities are moving ahead <br />with electronic meetings for all items including quasi-judicial hearings while others are <br />requiring an indemnification agreement from applicants to move forward with electronic <br />hearings for such items. <br /> <br />Louisville’s current regulations allow boards, commissions, and the City Council to have <br />hearings for all quasi-judicial items except those subject to the referendum rules. In <br />addition, the City Manager may choose to not hold public hearings for those allowed <br />quasi-judicial items if she feels it is not in the best interest of the City or does offer <br />enough public participation or transparency (see the attached resolution). <br /> <br />At this time, staff sees holding meetings electronically for all of May as the current Safer <br />at Home regulations ask people to minimize the number of in-person meetings, maintain <br />the 6-foot distancing, and avoid gatherings of more than 10 people. We are looking for <br />guidance from Boulder County Health for June but that likely will not come until later this <br />month. <br /> <br />For any application there are competing needs of transparency, public participation, due <br />process (for both the applicant and the public), and the economic and personal property <br />implications of holding up an application indefinitely. <br /> <br />Assuming public participation, transparency, and personal safety are the guiding <br />principles, staff has looked at a variety of options for how to handle hearings. We do not <br />have any specific recommendations at this time as we do not know under what <br />circumstances gatherings will be allowed. There are pros and cons to all of the options <br />and without exact guidance these are speculative at this point. Some of the things we <br />are considering include: <br /> <br /> Holding Council/Planning Commission meetings in the Gym or the Brooks/Crown <br />Room at the Rec Center to allow for more social distancing. <br />o We can still broadcast from that location and have ordered the equipment <br />necessary to do so.