Public comment on quasi-judicial matters limited

Interested parties instructed to speak on proposals at actual public hearings

Following in the footsteps of the Planning and Zoning Commission, the Longmont City Council voted unanimously to prohibit public comments concerning upcoming quasi-judicial matters during its regular meeting Tuesday.

The council acts in a quasi-judicial manner when it reviews appeals to planning commission decisions and when considering rezoning applications and concept plan amendments, to name a few examples.

Similar to a judge or a jury in a court of law, the council must only take into account evidence presented during the actual quasi-judicial proceeding. Any evidence received outside of that proceeding is considered ex parte communications and is strictly forbidden.

“We do not want any stakeholder to try to influence your decision before that hearing,” City Attorney Eugene Mei said during Tuesday’s council meeting.

On May 17, the Planning and Zoning Commission voted 5-1 to prevent people from speaking about future quasi-judicial matters during the “public invited to be heard” portion of its meetings.

Instead, those interested in speaking must either wait until the proposal’s actual public hearing to voice their opinions about it or they can submit written comments ahead of time to staff, which will then be included in the commissioners’ appropriate packet-of-materials.

“I am here to let you know as politely as I’m able to how messed up last week’s (Planning and Zoning) Commission meeting was,” Longmont resident Hal Morrison said during the “public invited to be heard” portion of Tuesday’s City Council meeting. “I strongly object to how the gag order has been imposed — hastily without much time for deliberation.”

Mei emphasized that the intent of the rule change is intended to adhere to due process and to ensure that everyone, developers and concerned citizens, is treated fairly.

“We are balancing (the) First Amendment with due process,” Mei said.

Longmont currently has more than 20 projects in the review process, according to the city’s active development log. Two proposals that city officials have already heard plenty of public feed

back about include the Champion Greens and Bohn Farm developments.

Mayor Pro Tem Aaron Rodriguez, who is the council liaison to the Planning and Zoning Commission, emphasized how if the city allowed ex parte communications during public comment it would be opening itself up to legal liability, which would cost the taxpayers.

“One of the big responsibilities of city council is stewardship of the taxpayers’ money,” Rodriguez said.

“People may not agree with what we do and what we choose to spend on but frivolous lawsuits, I think, unequivocally people would be against.”