City Council Agenda and Packet 2024 01 22 - SP

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Five: Commit to Providing Due Process -Much of the time you're acting as "legislators" —making general policies that apply generally —or handling Council -level business matters. -But sometimes you make decisions affecting a specific applicant's property rights. For these "quasi-judicial" matters—e.g., Council -level land use public hearings —you as the decisionmakers are essentially acting as judges. In this role you have heightened responsibilities to provide "due process" and a failure to provide due process exposes you and the City to liability. -So, be familiar with the due process "rules of engagement" that apply to quasi-judicial matters. -These rules have a familiar source: "No person shall be deprived of life, liberty, or property, without due process of law." Due Process -Tips for Quasi -Judges -Limit your involvement to just your participation at the public hearing. That is, irrespective of the level of citizen interest or staff activity, wait until the 0J matter is "ripe" for the governing body. -Remain neutral; don't make up your mind before the hearing and don't make prejudicial pre -hearing statements. -Don't engage with one side or the other, or with your fellow quasi -judges, before or outside the hearing (ex parte contacts). -Deliberations Matter. Make sure your deliberations and decision are focused and based on the relevant, existing criteria and not other factors. Use Sam's "Rule of Why." • For more on quasi-judicial "rules of engagement", see these presentations: https://www.cirsa.org/wp-content/uploads/2020/05/0uasi- Judicial-Proceedings.mp4 and httos://www.Eml.org/does/default-source/UploadEdfiles/events/annual-conference/cml-2022-conference--- ai-decision-makingpdf?sfvrsn=bOa4e3a3_D.