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Conducting EffectiveMeetings and Hearings

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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

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Three Types of Public Assemblies

1. Meetings

2. Legislative hearings

3. Quasi-judicial hearings

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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

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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

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Basic Open Meeting Law Requirements

• Minutes• Meeting must be publicly noticed• Meeting must be open to the

public• Public must have opportunity to

comment

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Conducting Effective Meetings: Public

Notice• Regular meetings: notice designated

at organizational meeting

• Special meetings: 24 hours notice required

• Emergency meetings: no notice required

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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

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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

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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

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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)

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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

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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

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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

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Alternative Public Hearings

• How to provide public notice?

- As either a legislative hearing or a meeting

- Most likely will be considered a meeting

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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

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Five Hallmarks of a Quasi-Judicial

Hearing

1. Rights of parties are being considered

2. All parties can present evidence3. All parties can cross-examine

witnesses/question evidence4. Written decision5. Appealable

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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 . . .”

• 14th Amendment to U.S. Constitution

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The Essence of Due Process

• Notice

• Opportunity to be heard

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Three Additional Components of Due

Process1. Maintaining order

2. Managing evidence

3. Avoiding conflicts of interest

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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

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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

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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

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Rules: A Script for Hearings

• See Rules of Procedure and Ethics manual for examples

• Chair runs proceedings consistently

• Addresses order of participation

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Rules: Role of Officers

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

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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.

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Documentation of Participants

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

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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

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Categories of Conflicts of Interest

• Financial influences: where board member stands to benefit financially from decision

• Associational interests: business, personal, and family relationships

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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

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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

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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

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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

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Deliberations & Decisions

Two methods: 1. Private deliberative session2. Public deliberations

What is deliberative session?- An exception to the open meeting law- Allows board to deliberate in private,

like a jury

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Deliberations & Decisions

• No need to take minutes

• No need to publicly declare votes

• No need to warn/notice

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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)

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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

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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