Conducting Effective Meetings and Hearings

1. Conducting EffectiveMeetings 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 • Meetings • Legislative hearings • 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: noticedesignated 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 • Rights of parties are being considered • All parties can present evidence • All parties can cross-examine witnesses/question evidence • Written decision • 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 . . .” • 14th Amendment to U.S. Constitution

20. The Essence of Due Process • Notice • Opportunity to be heard

21. Three Additional Components of Due Process • Maintaining order • Managing evidence • 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: • Private deliberative session • 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: www.vpic.info

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