Item 1A - Electronic Participation RulesQUASI-JUDICIAL HEARING ELECTRONIC PARTICIPATION RULE
The Landmarks Board (“Board”) may hold quasi-judicial hearings at a meeting through
electronic participation, subject to the procedures set forth in this Rule. To the extent practical,
the Board will use its standard meeting procedures, as modified by this Rule. To the extent that
this Rule conflicts with the procedural rules of the Board, this Rule is intended to prevail.
GENERAL PROCEDURES
A.Applicant’s Written Request. An applicant may request to have its application
for a hearing conducted via electronic participation by completing a written request form
provided by the city. The applicant will acknowledge that holding a quasi-judicial hearing by
electronic participation presents certain legal risks and involves an area of legal uncertainty,
and the applicant will acknowledge that moving forward with a quasi-judicial hearing by
electronic participation will be at its own risk.
B.City Manager to Determine Suitability of Conducting Quasi-Judicial Hearing
by Electronic Participation. These procedures create no right in any party to a quasi-judicial
matter to a hearing conducted by electronic participation. Upon receipt of a written request,
the city manager will determine whether the city has the capability to hold the particular type of
hearing by electronic participation, what available form of electronic participation is most
appropriate for the type of hearing, and set a date(s) for the hearing(s).
C.Hearings Open to the Public and Subject to Adequate Technology. Hearings will
be open to the public and provide the ability for interested members of the public to join the
hearing electronically. The method chosen by the city manager will ensure the public can view
or listen to the hearing in real time and interested parties may speak at designated times during
the hearing. If at any point the city manager or board chair determines it is not possible or
prudent to hold the hearing by electronic participation, whether due to technical issues or an
inability to do so while meeting constitutional due process requirements, the hearing will be
continued or vacated, and the matter will be held in abeyance until any technical problems can
be resolved or in-person meetings have resumed.
D.Notice Requirements. In addition to the requirements of the Boulder Revised
Code, the city will include additional notice about how the hearing will be conducted and how
the public can access, observe, and participate in the hearing. The additional notice is
intended to reasonably inform interested persons that such hearing will instead be held by
electronic participation; provided, however, this additional notice will not be deemed
jurisdictional.
E.Technological Accommodations. The city will make reasonable efforts to
accommodate interested parties who lack necessary computer equipment or the ability to access
such equipment by providing call-in or telephonic access to the meeting. Interested parties will
be encouraged to submit written comments in advance of the hearing, which comments will be
made a part of the hearing record.
F.Hearing Procedures. Hearings are for conducting the business of the City of
Boulder. Activities that disrupt, delay or otherwise interfere with the meeting are prohibited. At
the onset of the hearing, the board chair will describe the hearing procedures, including how
testimony and public comment will be received. The department that supports the Board will
moderate the electronic meeting. To the extent practical, any person that wants to attend the
meeting will be added to the meeting and will be muted. Any person that wants to testify
should inform the moderator. The moderator will unmute such person during the public hearing
to testify for three minutes.
1. Any documentary evidence will be provided to the designated secretary
of the Board via email at least 48 hours prior to the beginning of the meeting.
Documentary evidence includes, without limitation, materials related to specific
applications and other documents to be shown electronically during the hearing.
2. Any person testifying, including the applicant, shall be sworn in
individually.
3.The applicant will be allowed to speak to its application for 10 minutes.
City staff will be allowed to speak to its recommendations for 10 minutes. The
applicant or staff may request additional time from the board chair for more complicated
applications. Persons wishing to testify will be allowed up to three minutes to speak.
For electronic hearings, every person will need to testify for themselves. No pooling of
time will be allowed.
4.The time for speaking or asking questions is limited to facilitate the
purpose of the hearing. No person shall speak except when recognized by the person
presiding and no person shall speak for longer than the time allotted. Each person shall
register to speak at the meeting using that person’s real name. Any person believed to be
using a pseudonym will not be permitted to speak.
5. No video participation will be permitted except for city officials,
employees and invited speakers. All others will participate by voice only.
6. The person presiding at the meeting shall enforce these rules by muting
anyone who violates any rule.
7.Board members, staff, and applicants shall not use chat features of
electronic meeting software except for the purpose of asking the board chair procedural
questions or to request to be recognized by the board chair to speak.
8. Applicants will be provided the opportunity to speak for up to three
minutes prior to the close of the public hearing.
9. In order to accurately record board member votes, the board chair will
call for a roll call vote on any motions made during the hearing or taking final action.