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City staff reminds Aspen preservation commissioners about ex parte limits and open‑meetings rules
Summary
City staff explained quasi‑judicial duties and open‑meetings law constraints to the Aspen HPC, warning commissioners to avoid ex parte communications and to direct members of the public to submit formal comments so all parties receive the same information.
Staff reminded the Aspen Historic Preservation Commission about their quasi‑judicial responsibilities and the hazards of ex parte communications that could create the appearance of bias.
"If somebody wants to talk to you about it or offer you information or offer you comments, that you direct them to either submit a public comment written, which anybody can do, or come to the meeting and give public comment," staff said, noting the appropriate way to get information into the public record. Staff explained that because an item could be "called up" by city council and return to the commission, members should be careful about discussing pending projects privately. The guidance was offered after public comment alleging possible misrepresentation around an earlier decision on a local historic resource.
Commissioners asked clarifying questions about what constitutes an open meeting under the law and how prior public statements might differ from disqualifying ex parte contacts. Staff said an open meeting in this context is when more than two commissioners discuss a matter outside the public process and reminded commissioners their job is to weigh evidence presented at hearing time.
