1 Conducting Effective Meetings and Hearings

2 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

3 Three Types of Public Assemblies 1.Meetings 2.Legislative hearings 3.Quasi-judicial hearings

4 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

5 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

6 Basic Open Meeting Law Requirements Minutes Meeting must be publicly noticed Meeting must be open to the public Public must have opportunity to comment

7 Conducting Effective Meetings: Public Notice Regular meetings: notice designated at organizational meeting Special meetings: 24 hours notice required Emergency meetings: no notice required

8 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

9 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

10 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

11 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)

12 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

13 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

14 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

15 Alternative Public Hearings How to provide public notice? -As either a legislative hearing or a meeting -Most likely will be considered a meeting

16 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.

17 Examples of Quasi-Judicial Hearings Applications For: Site plan review Subdivision review Conditional use review Variances Appeals

18 Five Hallmarks of a Quasi- Judicial Hearing 1.Rights of parties are being considered 2.All parties can present evidence 3.All parties can cross-examine witnesses/question evidence 4.Written decision 5.Appealable

19 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

20 The Essence of Due Process Notice Opportunity to be heard

21 Three Additional Components of Due Process 1.Maintaining order 2.Managing evidence 3.Avoiding conflicts of interest

22 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

23 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

24 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

25 Rules: A Script for Hearings See Rules of Procedure and Ethics manual for examples Chair runs proceedings consistently Addresses order of participation

26 Rules: Role of Officers Addresses role of chair, vice chair, clerk, and board staff

27 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?

28 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.

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

30 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

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

32 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

33 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

34 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

35 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

36 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

37 Deliberations & Decisions No need to take minutes No need to publicly declare votes No need to warn/notice

38 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)

39 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:

40 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

41 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