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Planning commissioners receive legal refresher on quasi‑judicial process, CORA and public testimony
Summary
Assistant city attorney Josh Myers led a training session for the commission on the differences among legislative, administrative and quasi‑judicial actions; evidence standards, CORA and open‑meetings obligations; and how to weigh public testimony and avoid ex‑parte communications.
Castle Pines planning commissioners spent part of their Sept. 25 meeting on legal training focused on the commission's role and the standards that govern land-use decisions.
Assistant city attorney Josh Myers reviewed distinctions among legislative, administrative and quasi‑judicial actions and emphasized that commissioners must base quasi‑judicial decisions on facts that appear in the record. "Facts and evidence should be addressed in the standards," Myers said, describing how commissioners should elicit clarifying facts from the applicant or staff and avoid introducing new evidence outside the record.
Myers explained Colorado Open Records Act (CORA) and open‑meetings obligations, warned against ex‑parte contacts and noted the risks of researching facts during a public hearing. He advised caution in using personal email or devices for commission business because such communications may be subject to public-records requests. Commissioners asked practical questions about how to apply sometimes-vague approval criteria and when to seek legal advice in an executive session.
The training addressed how to treat public testimony: personal observations offered as testimony are facts in the record; opinions without factual basis are entitled to less weight. Myers said proximity to a project may be a relevant factor when testimony pertains directly to approval criteria such as traffic, noise or access. The session also covered findings-of-fact language and the importance of ensuring the record supports any denial, which should articulate the factual basis and the standards relied upon.
Why it matters: planning commissioners routinely make quasi‑judicial recommendations whose legal sufficiency depends on an evidentiary record. Commissioners and staff said clearer approval criteria and public‑facing guidance for commenters would help the process.
What's next: training on additional quasi‑judicial issues will continue in a future session; staff is updating the Unified Land Development Code and approval criteria to provide clearer guidance to commissioners and the public.
