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Clerk trains board on quasi-judicial hearings, sunshine law; members seek bylaw change on absences
Summary
Deputy City Clerk Jennifer Faulkner reviewed quasi-judicial procedures, evidence rules and Sunshine Law; board members asked about quorum/absence policies and asked staff to place a proposed bylaw amendment on a future agenda.
Jennifer Faulkner, deputy city clerk, led a training on quasi-judicial hearing procedures, evidence rules, Sunshine Law and board bylaws, emphasizing audible recordkeeping, disclosure of ex parte contacts and the distinctions between quasi-judicial participants such as applicants, staff, party interveners and witnesses.
Faulkner explained the board's role in quasi-judicial matters: "you are kind of the driver of the meetings" and must base decisions on "competent and substantial evidence," not hearsay. She reviewed the order of proof — city staff presentation, applicant presentation, party intervener (if any), followed by sworn public comment — and explained that public commenters are limited to three minutes and may be questioned but may not question other parties. Faulkner also highlighted that ex parte communications are permissible only if disclosed prior to decision and that recusal is mandatory for conflicts defined by state statute.
The clerk reiterated Sunshine Law best practices: avoid discussing committee business with other board members outside noticed meetings and speak clearly into microphones so the record is audible. On public records and financial disclosures, Faulkner reminded members to file Form 1 financial-disclosure statements through the state portal within 30 days of appointment and annually in July; final Form 1-F filings are required within 60 days after leaving a seat.
Discussion followed about the board's absence policy. Board member Ian Milne and others asked about quorum calculations when seats are vacant; Faulkner said quorum is a majority of appointed members. A board member reported being removed for missing three meetings in 12 months and urged an amendment to allow previously approved absences. The board reached a consensus to ask staff to put bylaw revisions on a future agenda for discussion; Faulkner said bylaws changes would require an ordinance and city council approval.
No formal rule changes were adopted at the meeting; Faulkner and staff will provide the current bylaws and support materials for the board to review ahead of a future agenda item on bylaw revision.
