1. LEGAL BRIEFING: Avoiding Due Process/Bias Problems When Making Quasi-Judicial Decisions
Michele Beal Bagneris, City Attorney
Theresa E. Fuentes, Assistant City Attorney
September 25, 2017

2. What is a “quasi-judicial” decision?
When city ordinance requires administrative hearing to take testimony and apply a standard or rule to an individual set of facts (sometimes also called “adjudicative” act).
Decision makers act like judges applying rules to facts and evidence, rather than as legislators making policy decisions (“legislative” act).
Most common example: land use permits

3. Avoiding due process problems
Fair treatment of those similarly situated
Reasonable advance notice
Usually governed by ordinance or law
Reasonable opportunity to be heard
Opportunity to raise all issues (ok to limit time or reopen hearing)
Impartial decision-makers
Paying attention
Reviewed evidence (including reviewing material if absent at a prior proceeding)

4. Receipt of Information Outside Hearing
When decision makers (ie., city council members) receive information outside hearing, the communication should be publicly disclosed
Receipt of correspondence by a member prior to or during the public hearing should be promptly given to the City Clerk
Meeting with the applicant is not encouraged, but can occur; however, must disclose the general substance of such discussions on the record

5. Avoiding bias Distinguished from conflict of interest (financial)
Impartiality, unaffected by personal embroilment
Fair hearing
Disclose “ex parte” (outside of hearing) contacts and facts in sufficient detail so all parties can respond and all decision-makers have the same information
Avoid commitment during ex-parte contact
Reach conclusion/make findings based on evidence in the record

6. Example: PPR process Predevelopment Plan Review (PMC 17.60.040)
Inform Council and public of projects of communitywide significance
Only purpose is information, and not to discuss the merits
Tips:
Pay attention and ask questions/raise issues
Do not state opinion or position
Disclose contacts (if any)

7. Avoid Due Process/Bias Problems In Quasi-Judicial Decisions
Questions??