City Council Agenda and Packet 2024 01 22 - SP

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Honoring the Quasi -Judicial Rules of Engagement Governing body activities can be pigeonholed broadly into two areas: legislation and quasi-judicial decision -making. The rules of engagement differ depending on which pigeonhole fits. For legislative matters, the rules of engagement are free -wheeling. Think of the state legislature when it's in session, and the lobbying that goes on there. But for quasi-judicial matters, the rules of engagement have a basis in constitutional due process requirements: when you are making a decision that affects individual property rights, the constitution requires a properly noticed and fair hearing before a neutral decision maker — you. Thus, in quasi-judicial matters, you must conduct yourself similarly to the way a judge does in deciding a case. No doubt your municipal attorney has discussed the quasi-judicial rules of engagement with you. The attorney is trying to protect the integrity of the hearing process, the defensibility of the outcome, and your prerogative to participate as a decision -maker. These rules of engagement include: • You will follow the applicable legal criteria and apply those criteria to the evidence you hear at the hearing, to arrive at your decision. • You will refrain from "ex parte" or "outside the hearing" contacts regarding a pending quasi-judicial matter. • You will not participate in decision -making in a quasi-judicial matter in which you have a conflict of interest. These rules flow from constitutional due process requirements, so they are most certainly a part of your oath. Following these rules is also a way to avoid or reduce liability. In quasi- judicial matters, the process by which you arrive at a decision is at least as important as the substance of the decision itself. If you've ensured that the process is letter-perfect, then you have eliminated a huge portion of the possible quarrels that could turn into a claim. And it's a best practice, because following the rules of engagement will enhance the reality and the perception that all who come before you with quasi-judicial matters will be heard and treated fairly. Honoring Standards of Personal Conduct The way you conduct yourself in relation to other members of the body, staff, and the community greatly impacts your effectiveness as an elected official. No matter where you are on the political spectrum, you can probably agree that politics today are infected with divisiveness and incivility. Municipal government being non -partisan, its elected officials should, at least in theory, be able to rise above the nastiness of partisan politics! With respect to the governing body, do all members understand that governance is a team activity? An individual elected official does not have the power to accomplish anything on his or her own. Rather, the allocation of responsibilities to the governing body is to the body as a whole. Only through collaboration and consensus -building can an individuals priority become the priority of the governing body. While the governing body is comprised of individuals and will "deliberate with many voices;' all members must recognize the governing body "acts with one voice"