Association of Idaho Cities delivers open-meetings and quasi-judicial hearing training to Board of Adjustment

Justin Reuen, a policy analyst with the Association of Idaho Cities (AIC), presented training to the Board of Adjustment on March 25 covering Idaho's Open Meetings Act and the procedures and record requirements for quasi-judicial land-use hearings.

Reuen explained the Open Meetings Act (Idaho Code —amily of references cited in the presentation as 74-200) and emphasized that formation of public policy is public business: "All meetings of the planning and zoning commission and governing bodies must follow the Idaho open meetings law," he said. He reviewed notice requirements, the need for agendas to be available 48 hours in advance for regular meetings, and the requirement that public hearings of site-specific land-use applications have transcribable verbatim audio records and retain written minutes that include votes and motions.

Reuen reviewed how quasi-judicial hearings differ from general open meetings, noting that decisions must be made "on the record" and that the record includes written materials, testimony, and any statements of conflict of interest or ex parte communications. He outlined a recommended order of business for hearings (applicant presentation, staff report, public testimony, applicant rebuttal, deliberation and decision) and said that public notices should identify applicable code criteria so participants can address the relevant findings required under the Local Land Use Planning Act.

The training included practical advice: official notices should list decision criteria, neighborhood notices and on-site postings can improve public participation, and written procedures adopted by ordinance or resolution can reduce confusion and the risk of open-meeting violations. Reuen also described the "cure" process when an open-meeting violation is alleged: the board has 14 days to acknowledge and cure a violation or assert that no violation occurred; failure to respond is treated as a denial.

Board members asked questions about specific situations. When asked how the board should respond if an open-meeting error occurred, staff explained the body could re-notice and redo the proceeding and that, in practice, these errors are usually accidental rather than malicious. Reuen and staff reiterated that commissioners may speak with staff one-on-one but must avoid private communications with other commissioners, applicants or affected property owners outside an open meeting.

When an attendee asked whether the training materials were publicly available online, staff answered that they were not currently posted on the city website.