Legal Review Committee Agenda and Packet 2020 05 06

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Resolution No. 30, Series 2020 Page 1 of 4 RESOLUTION NO. 30 SERIES 2020 A RESOLUTION REGARDING QUASI-JUDICIAL HEARINGS AT MEETINGS CONDUCTED BY ELECTRONIC PARTICIPATION WHEREAS, on March 15, 2020, the Mayor of the City of Louisville, pursuant to Chapter 2.32 of the Louisville Municipal Code and C.R.S. § 24-33.5-709, executed a Declaration of Local Disaster Emergency in and for the City of Louisville (the “Mayor’s Declaration”) in response to the widespread pandemic Novel Coronavirus (COVID-19); and WHEREAS, by Resolution No. 27, Series 2020, adopted on March 16, 2020, the City Council continued in effect the Mayor’s Declaration until terminated by resolution of the City Council; and WHEREAS, by Resolution No. 26, Series 2020, also adopted on March 16, 2020, the City Council amended its Rules of Procedure to provide for electronic meeting participation in certain situations, including when meeting in person is not practical or prudent due to a health epidemic or pandemic; and WHEREAS, on March 25, 2020, the Governor of the State of Colorado issued Executive Order 2020-17, ordering the Colorado Department of Health and Environment (“CDPHE”) to issue a state-wide “Stay at Home” public health order; and WHEREAS, also on March 25, 2020, the CDPHE issued an Amended Public Health Order 20-24 Implementing Stay at Home Requirements, which Order has since been updated twice, and which Order requires all individuals currently living within the State of Colorado to stay at home whenever possible, and only to leave to perform or utilize “Necessary Activities,” as defined in the Order; and WHEREAS, by Resolution No. 29, series 2020, adopted on March 31, 2020, the City Council authorized boards, commissions, and committees established by the City Council Appointed Bodies”) to also hold meetings by electronic participation when meeting in person is not practical or prudent due to a health epidemic or pandemic; and WHEREAS, the City Council Rules of Procedure, as amended by Resolution No. 26 do not permit quasi-judicial hearings be held at electronic meetings; and WHEREAS, Appointed Bodies also may not hold quasi-judicial hearings at electronic meetings unless and until the City Council adopts a resolution establishing guidelines for such matters that confirm with the requirements of the City’s Home Rule Charter, the Louisville Municipal Code, and constitutional due process requirements; and