City Council Minutes 2014 02 24 SP

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City Council Special Meeting Minutes February 24, 2014 Page 7 of 11 City Attorney Light noted the state statutes provide a disclosure is made prior to action on the item. The Secretary of State's web site has listings of filings of such disclosures, which are generally Special Districts and not municipalities. In such cases, a Board member of the Special District is doing business with the District. QUASI-JUDICIAL PROCEEDINGS — SPECIAL ETHICAL CONSIDERATIONS The distinction between legislative and quasi-judicial matters: 1. Legislative matters are matters of general concern or applicability. Examples of legislative acts include adoption of a Comprehensive Plan or a leash law. Council may communicate with constituents outside of • the public hearing process. 2. Quasi-judicial matters relate to a specific individual or a piece of property and involve applying specified standards to a particular circumstance. Quasi-judicial matters require the following process: a) Public notice is required before action may be taken b) A hearing must be conducted before action may be taken c) The body sitting as the quasi-judicial body must apply the specified criteria to a particular person, property or circumstance. Examples of quasi-judicial matters include liquor licensing hearings, special or conditional use permits, variances, etc. In this instance there should be no contact with the constituency prior to the public hearing. The decision must be made based on the information presented in the public hearing. He suggested when considering a quasi-judicial matter, take out the quasi and try to determine what a judge would do. B. Constituent contacts regarding legislative matters Contact with constituents regarding a legislative matter is not only proper from an ethical standpoint, but it is one of the common and endearing characteristics of local government. Local government is often the only level citizens feel they are able to contact with any degree of effectiveness. C. Constituent contacts regarding quasi-judicial matters The more problematic area from an ethics standpoint involves contacts by constituents regarding quasi-judicial matters. The source of limitations in this area comes not from local law or state statute, but rather from the case law relating to due process of law under the state and federal constitution. A party appearing before a quasi-judicial body is entitled to a fair and impartial tribunal, just as a party before a court would expect to receive. It is this entitlement that limits what the "quasi-judges" can and cannot do.