Conducting Effective Meetings and Hearings

1

Overview

• Municipalities must conduct many proceedings to create and maintain an effective land use process • Different types of proceedings for different purposes • This section explores the different types of proceedings land use officials will conduct • Explores rules of procedure and ethics • Explores process requirements for decision-making 2

Three Types of Public Assemblies

1. Meetings 2. Legislative hearings 3. Quasi-judicial hearings 3

Meetings

versus

Hearings

• Meetings are different from hearings • Meetings are LEGISLATIVE - General applicability • Hearings may be LEGISLATIVE Or QUASI-JUDICIAL - Application limited either to particular subject or to specific parties 4

Conducting Effective Meetings

• Meetings are generally legislative event • Occurs when a quorum of a public body convenes to discuss the business of the body or to take action - This is the trigger for the Open Meeting law 5

Basic Open Meeting Law Requirements

• Minutes • Meeting must be publicly noticed • Meeting must be open to the public • Public must have opportunity to comment 6

Conducting Effective Meetings: Public Notice

•

Regular meetings:

notice designated at organizational meeting •

Special meetings

: 24 hours notice required •

Emergency meetings

: no notice required 7

Open Meeting Exception: Executive Session

• Exception to open meeting law to discuss specific subjects authorized by statute, such as: - Personnel issues - Certain contract discussions • Different from deliberative session • Rarely used by land use boards • Perhaps could be used to assist legislative body or manager to evaluate administrative officer 8

Conducting Effective Meetings: Role of the Chair

• Chair runs meeting • Public must have opportunity to comment • A meeting

IN

the public, not

OF

the public 9

Conducting Effective Meetings: Role of the Chair

• Chair should strike balance between encouraging public participation and efficiency of the board • Board should adopt rules of procedure • Board should use an agenda 10

Conducting Effective Legislative Hearings

• Often referred to in statute, but not defined.

- A legislative hearing is a public assembly for the purpose of listening to the public • Example: public hearing to receive comment on a proposed bylaw • Frequently mandated by statute (town plan & bylaw approval) 11

Notice Requirements for Legislative Hearings

• For municipal plan: - 24 V.S.A § § 4384, 4385 • For municipal bylaws: - 24 V.S.A § § 4441, 4442 • Requires notice in newspaper (including text or summary of plan/bylaw proposal), plus posting in three places 12

Roles of Public and Chair in Legislative Hearings

• Chair runs meeting • Board’s role: To encourage public participation and listen to public comment • “Hearings”are aptly named • Public’s opportunity to comment is the reason for the hearing • Consider rules of procedure and agenda 13

Alternative Public Hearings

• Alternative public hearings can provide collaborative opportunity to assemble stakeholders: - Developer - Neighbors - Interest Groups - Civic Organizations • Useful for public discussion on a unique property or issue 14

Alternative Public Hearings

• How to provide public notice?

- As either a legislative hearing or a meeting - Most likely will be considered a meeting 15

Quasi-Judicial Hearings

• A quasi-judicial hearing occurs when an appropriate municipal panel convenes to hear an application for land development.

• Rules are different, and stricter, in quasi judicial hearings than in legislative hearings and meetings.

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Examples of Quasi-Judicial Hearings

Applications For: • Site plan review • Subdivision review • Conditional use review • Variances • Appeals 17

Five Hallmarks of a Quasi Judicial Hearing

1. Rights of parties are being considered 2. All parties can present evidence 4. Written decision 5. Appealable 18

Constitutional Due Process

• Parties have a property right protected by the Constitution • Parties include applicant and interested persons • “. . . No state shall deprive any person of life, liberty,

or property, without due process of law . . .”

• 14 th Amendment to U.S. Constitution 19

The Essence of Due Process

• Notice • Opportunity to be heard 20

Three Additional Components of Due Process

1. Maintaining order 2. Managing evidence 3. Avoiding conflicts of interest 21

Rules of Procedure and Ethics

• • • • Protecting due process is critical Well-drafted and applied rules give boards the tools to protect due process rights Required by state law Ensure efficient board proceedings 22

Rules of Procedure and Ethics: Topics for Rules

• Address alternate board members • Script for hearings • Role of officers • Administrative documentation of participants (required by law) • Ex parte communication • Voting protocols • Anything else deemed appropriate 23

Rules of Procedure: Alternate Board Members

• Should have alternates available to sit • Excellent for dealing with conflicts • Useful for busy boards • Rules should address use of alternates 24

Rules: A Script for Hearings

• See Rules of Procedure and Ethics manual for examples • Chair runs proceedings consistently • Addresses order of participation 25

Rules: Role of Officers

• Addresses role of chair, vice chair, clerk, and board staff 26

Documentation of Participants

• Required by state law • Each AMP should have the discussion about interested persons • Two methods to approach: - Will the board make a status determination?

- Will the board allow the Environmental Court to make the determination?

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Documentation of Participants

• Most boards allow anyone to participate • Some limit participation to statutorily “interested persons” • See sign-in sheet for attendees and interested persons in model rules of procedure. 28

Documentation of Participants

• For appeals of administrative officer decisions, state law REQUIRES AMP to determine whether appellant is an interested person 29

Conflicts of Interest

• Not acceptable in government • Erode public trust in development review process • Land use regulation seems discretionary; removal of conflicts helps to make process more objective • Parties have constitutional right to a fair process 30

Categories of Conflicts of Interest

• Financial influences: where board member stands to benefit financially from decision • Associational interests: business, personal, and family relationships 31

Categories of Conflicts of Interest

• Prejudice/bias: board member makes statements that reflect prejudgment of the merits of an application • Ex parte contacts: Define first: A communication between a board member and a party outside of a public hearing concerning the application 32

Ex Parte Communication

• Inappropriate – should only take place at open hearing • Ex parte communication can create a conflict of interest • Corrective action: introduce ALL written and oral communication into the record 33

How to Manage Conflicts of Interest

• Adopt rules of procedure • Learn rules & follow them • Recuse oneself when necessary • Use alternates appropriately • Public confidence is the currency of your board 34

Rules of Procedure: MAPA

• Municipal Administrative Procedure Act • Requires slightly formalized proceedings, including: - Audiotape - More comprehensive written decisions - Allows DRBs to adopt local Act 250 Review 35

Deliberations & Decisions

Two methods: 1. Private deliberative session 2. Public deliberations What is deliberative session?

- An exception to the open meeting law - Allows board to deliberate in private, like a jury 36

Deliberations & Decisions

• No need to take minutes • No need to publicly declare votes • No need to warn/notice 37

Deliberative Session Rules

• When can we use it?

- To make decisions after hearing evidence in a quasi-judicial proceeding • Many boards deliberate in public (Rules of Procedure I) 38

Making Decisions

• Must be in writing • Minutes may suffice • Must include a statement of the factual bases on which AMP has made its conclusions • Must provide a statement of conclusions AMP made in reaching decision • Templates: www.vpic.info

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Making Decisions: Whose Job Is It?

• Occasionally administrative officer/staff planner • Occasionally board members, who should rotate drafting duties • Occasionally board assistant • Timeline: AMP must issue decision within 45 days of close of final public hearing • Failure could result in deemed approval 40

Conducting Effective Meetings and Hearings: Summary

• Three types of proceedings – Know which one you are conducting • Adopt rules of procedure • Use them and amend them on an annual basis • Understand the legal principles that underlie your decision-making process • Educate yourself and your board members 41