The Dolores Town Board and Planning and Zoning board got a lesson in the function of government entities from town attorney Mike Green during the February workshop.
Both boards have legislative and quasi-judicial roles, he said, so board members need to be careful to ensure a fair process.
Planning board members should refrain from investigating proposed projects on their own, Green said.
“You should be only reviewing information and evidence provided to you by town staff, the applicant and the public at a public hearing,” he said. “If you investigate on your own, you may have to recuse yourself from making the decision.”
Additional questions on specifics about projects should be directed to town staff, who investigate a project’s validity and compliance.
If a site visit is needed by the board, it should have specific scope, be organized with town staff and involve the whole board and applicant.
Also, when the town board is acting as a judicial entity, such as for approving liquor licenses, it should also only consider what is presented by town staff and the applicant.
It is important to follow the correct process because quasi-judicial decisions by the boards can be appealed, Green said, or end up in court.
“That takes time, creates problems and could be the first step in a lawsuit where the town could be liable,” Green said.
Board members wondered if they could accept documentation from members of the public during a public hearing. Green said they could and the relevant information would become part of the public record.
“What if we have prior knowledge that something submitted is not true?” asked a boardmember.
“What you think you know as fact may not be the case, and town staff would need to verify and double check the facts,” Green said.
Pre-application processes required under the Land Use Code also be followed more closely, he said, in order to ensure the applicant is moving in the appropriate direction.
Also, incomplete or questionable applications will be returned to the applicant, and will not be submitted to the town board or planning and zoning board until they are complete.
“We’re going to get more strict in following the process of land use code and the proper flow chart,” Green said. “It will make it a better process for both boards, the public and the applicant.”
Board members said it’s a small town, and people want to talk to them about issues.
But Green said the boards must be careful what they discuss with people if it is about a quasi-judicial decision relating to such things as the land-use code, building codes, zoning or a liquor license that the board member will be making a decision on in the future.
“It is not easy or comfortable, but you may have to walk away from that conversation,” he said.
jmimiaga@the-journal.com
