Deputy county attorney briefs commissioners on quasi‑judicial rules, evidence and appeals

Katie Toyds, deputy county attorney, told the Planning and Zoning Commission that commissioners sit in a hybrid role and must follow strict rules when presiding over quasi‑judicial land‑use hearings.

"You as the decision‑making body, you act as judges," Toyds said, explaining that commissioners must investigate facts, accept sworn testimony, allow cross‑examination and apply decision criteria from the development code rather than relying on personal research or outside contacts.

Toyds outlined the distinction between legislative matters (text amendments, comp plan recommendations) and quasi‑judicial matters (variances, site‑specific entitlements). She emphasized the 300‑foot party radius and standing rules, described types of admissible evidence (testimonial, documentary, demonstrative, and, rarely, physical), and reminded commissioners that testimony must be under oath and is subject to cross‑examination.

The training also covered ex‑parte communications and the duty to disclose contacts that could create bias. Toyds explained that commissioners may inspect sites informally to gain context but should not undertake research or introduce outside findings into the record. She reviewed typical post‑hearing requirements: closing the record, articulating findings of fact and conclusions of law tied to the decision criteria, and preparing an order that supports the commission’s decision in case of appeal.

Toyds noted common legal mistakes — failing to address decision criteria, considering irrelevant public opinion, and relying on undisclosed independent research — and warned that vague or unsubstantiated findings can be reversed on appeal. She walked through procedural mechanics for postponements and continuances, the 21‑day rescheduling allowance without a full re‑notice, and practical tips for preserving a clear appellate record.

The presentation closed with reminders that commissioners must disclose conflicts of interest, that a formal record is required for appeals to county council or district court, and that staff will provide templates and example orders to support accurate findings.

What’s next: Toyds said she would distribute the materials used in the training to the commission the following day.