Public Meetings in the Front Range During the Covid-19 Outbreak

Brownstein Client Alert, April 17, 2020

Throughout Colorado, public meetings of virtually all types are being disrupted by the outbreak of COVID-19. In light of the state’s restrictions on public gatherings, many local governments in the Front Range have had to work quickly to develop procedures to shift from in-person meetings to virtual meetings, adopting emergency ordinances and resolutions, and otherwise establishing new procedures. Other quasi-governmental entities, such as urban renewal authorities, business improvement districts and metropolitan districts also have switched from in-person meetings to virtual meetings.

Virtual meetings raise a variety of potential new issues, including technical glitches and susceptibility to hacking. Virtual meetings also could create constitutional due process issues in certain instances where a right to be heard is a key component of the process, such as quasi‑judicial matters. In such instances, a risk exists that either an applicant or a member of the public could claim their due process rights were violated because the alternative or virtual means of participating were not adequate or meaningful. Under normal circumstances, a member of the public who did not have access to a computer or the internet could participate in a virtual meeting by visiting their local library. But in the current situation, most libraries are also closed to in-person visits by the public. Because the COVID-19 outbreak has restricted peoples’ ability to participate in public hearings, some local governments are allowing alternative methods of comment to ensure that the public has adequate and meaningful means of participation. These alternative methods of comment are in addition to the typical methods of public comment like mail and email.

In light of the concerns raised by virtual meetings, local governments in the Front Range have taken four different types of approaches to hearing quasi‑judicial matters: (1) postpone all quasi‑judicial matters until an in-person meeting can be held; (2) proceed with quasi-judicial matters with consent of the applicant; (3) proceed with quasi‑judicial matters with applicant’s consent so long as the applicant agrees to waive future legal challenges; and (4) proceed with quasi-judicial matters as scheduled.

This client alert summarizes the approach of many of the local governments in the Front Range as to public meetings during the COVID-19 outbreak. All data is based on self‑reporting by the municipalities. Other organizations, such as the Colorado Attorney General’s Office, the Colorado Municipal League and Colorado Counties, Inc. also provide guidance and summaries on how local governments should and are proceeding with public meetings during the COVID-19 outbreak.

Click here to read more Brownstein alerts on the legal issues the coronavirus threat raises for businesses.

Jurisdiction	Website and Source of Authority	Key Points
Adams County	Website Source of Authority: Order Declaring a Disaster in and for Adams County, Colorado	Technology Meeting: Zoom or telephone Public Comment: Email End Date: April 26, 2020 Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually
Arapahoe County	Website Source of Authority: Resolution No. 200110	Technology: Meeting: Website or telephone Public Comment: Webinar End Date: No express end date stated in Resolution. Presumably until the Chairman or the Board of County Commissioners act to terminate or modify the Declaration of Local Disaster Emergency Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Cancelled
Arvada	Website Source of Authority: Code of the City of Arvada, Colorado § 26‑41, Resolution No. R30-032	Technology: Zoom End Date: April 30, 2020 Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: None scheduled
Aurora	Website Source of Authority: City Council Resolution No. R 2020-24	Technology: Meeting: Cisco Webex Public Comment: Written End Date: May 4, 2020 Quasi-Judicial Matters: Proceeding Other Board & Commission Meetings: Permitted virtually
Boulder	Website Source of Authority: Ordinance 8391	Technology: Meeting: Zoom Public Comment: Telephone End Date: When there is no longer an emergency or the declaration of emergency ends Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Permitted virtually
Boulder County	Website Source of Authority: Resolution 2020-24	Technology: Meeting: Microsoft Teams Public Comment: Written End Date: When rescinded by the Board of County Commissioners Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually
Brighton	Website Source of Authority: Emergency Electronic Participation Policy During Regular and Special City Council Meetings	Technology: Meeting: Zoom or telephone Public Comment: Zoom or written End Date: When in-person meetings are practical or prudent Quasi-Judicial Matters: Discouraged, but proceeding if necessary Other Board and Commission Meetings: Cancelled
City and County of Broomfield	Website Source of Authority: Resolution 2020‑108	Technology: Meeting: Audio streaming on website Public Comment: Written or telephone End Date: When in-person meetings are practical or prudent Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Permitted virtually
Castle Rock	Website Source of Authority: Resolution 2020-040; Town Council Meeting Special Procedures During Declared Disasters	Technology: Meeting: Hosted on website and telephone Public Comment: Written End Date: June 30, 2020 Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Permitted virtually
Centennial	Website Source of Authority: Resolution 2020-R-12	Technology: Meeting: Zoom and telephone Public Comment: Zoom and written Anticipated End Date: When the Mayor or City Manager declares it safe to meet in-person Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Permitted virtually
Cherry Hills Village	Website Source of Authority: Resolution 8	Technology: Zoom End Date: When the emergency passes Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually
Colorado Springs	Website Source of Authority: Resolution 19-20	Technology: Meeting: Microsoft teams Public Comment: Email or Facebook End Date: May 1, 2020 Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Permitted virtually
Commerce City	Website Source of Authority: Emergency Ordinance	Technology: Meeting: Zoom Public Comment: Written and oral, to the extent possible End Date: Upon the conclusion of the declared emergency or disaster Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Permitted virtually
City and County of Denver	Website Source of Authority: Emergency Rules of Procedure	Technology: Zoom End Date: May 11, 2020 Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Permitted virtually
Douglas County	Website Source of Authority: Local Disaster Emergency Declaration	Technology: Meeting: Cisco Webex and telephone Public Comment: Cisco Webex and written End Date: When the emergency has ended Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually
Englewood	Website Source of Authority: CB-12; Emergency Preparedness/City Council Meeting Participation Policy	Technology: Zoom or telephone End Date: When the Mayor declares the emergency has passed Quasi-Judicial Matters: Proceeding only if there is a full quorum and all interested parties may meet in person Other Board and Commission Meetings: Cancelled
Erie	Website Source of Authority: Resolution 20-210; Remote Meeting Policy	Technology: Meeting: Zoom Public Comment: Telephone End Date: April 30, 2020 Quasi-Judicial Matters: Proceeding with the applicant’s prior written consent, in which the applicant waives the legal challenge to the hearing being virtual Other Board and Commission Meetings: Permitted virtually
Federal Heights	Website Source of Authority: Resolution 20-14	Technology: GoToMeeting or telephone End Date: When rescinded by City Council Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Nothing scheduled
Fort Collins	Website Source of Authority: Emergency Ordinance 061, 2020	Technology: Cisco Webex End Date: When in-person meetings are prudent Quasi-Judicial Matters: Certain matters are proceeding Other Board and Commission Meetings: Permitted virtually
Glendale	Website Source of Authority: Emergency Ordinance	Technology: Not yet decided End Date: Quasi-Judicial Matters: Not currently proceeding Other Board and Commission Meetings: Permitted virtually
Golden	Website Source of Authority: Electronic Participation Rules	Technology: Meeting: Cisco Webex Public Comment: Facebook or email End Date: When in-person meetings are practical or prudent Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Cancelled
Greenwood Village	Website Source of Authority: Resolutions 2020-18, 2020-19	Technology: Meeting: Audio webcast Public Comment: Written End Date: May 5, 2020 Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually
Jefferson County	Website Source of Authority: Resolution CC20-055, Public Health Order 20‑001	Technology: Cisco Webex End Date: April 26, 2020 Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Nothing scheduled
Lafayette	Website Source of Authority: Resolutions 2020-24, 2020-25	Technology: Meeting: Zoom or telephone Public Comment: Written End Date: When the local emergency declaration is no longer in effect Quasi-Judicial Matters: Proceeding if the applicant decides to proceed and agrees in writing to waive any legal challenge on the basis that the hearing is conducted virtually Other Board and Commission Meetings: Cancelled
Lakewood	Website Source of Authority: Motion to extend Proclamation issued by City Manager	Technology: Meeting: Zoom Public Comment: Website or telephone End Date: When the emergency has ended Quasi-Judicial Matters: Proceeding, but Lakewood will attempt to push matters to a time when hearings are being held in-person Other Board and Commission Meetings: Permitted virtually
Littleton	Website Source of Authority: Legislative Rules (amended 3/20/2020)	Technology: Meeting: Zoom or telephone Public Comment: Telephone or written End Date: Once the local emergency declaration ends or the City Manager finds that convening the meeting is no longer inadvisable Quasi-Judicial Matters: No restriction on quasi-judicial matters Other Board and Commission Meetings: Permitted virtually
Lone Tree	Website Source of Authority: City Council Adopted Policy 20-01	Technology: Meeting: Microsoft Teams Public Comment: Microsoft Teams or written End Date: When the Mayor or any two City Council members determines an in-person meeting is practical or prudent Quasi-Judicial Matters: Proceeding if the applicant consents in writing or on the record, and several other conditions are met Other Board and Commission Meetings: Permitted virtually
Longmont	Website Source of Authority: Longmont, Colorado Code of Ordinances § 2.20.125	Technology: Meeting: Cisco Webex Public Comment: City website, upload video to City website, or telephone End Date: Once the emergency ends Quasi-Judicial Matters: Proceeding Code contains a waiver of immunity from liability for emergency preparedness activities Other Board and Commission Meetings: Cancelled
Louisville	Website Source of Authority: Resolution Nos. 26, 27, 30	Technology: Meeting: Zoom or telephone Public Comment: Zoom or written End Date: When an in-person meeting is practical and prudent under the pandemic Quasi-Judicial Matters: Proceeding if applicant makes written request and acknowledges the legal uncertainties and agrees to defend and indemnify Louisville in an action arising out of a virtual meeting Other Board and Commission Meetings: Cancelled
Northglenn	Website Source of Authority: Resolution CR-120	Technology: Meeting: Zoom or telephone Public Comment: Written or telephone End Date: When City Manager or Mayor determines in-person meeting is practical and prudent Quasi-Judicial Matters: Not proceeding Other Board and Commission Meetings: Permitted
Parker	Website Source of Authority: Ordinance No. 1.352.1., Series of 2020	Technology: Zoom or telephone End Date: When an in-person meeting is practical or prudent under the pandemic Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually
Superior	Website Source of Authority: Resolution No. R-24 Series 2020, Town of Superior Remote Meeting Policy	Technology: Zoom or telephone End Date: When the Town’s and State’s declaration of emergency ends Quasi-Judicial Matters: Proceeding with the prior written consent of the applicant, in which the applicant waives the legal challenge to the hearing being virtual Other Board and Commission Meetings: Permitted virtually
Thornton	Website Source of Authority: Thornton, Colorado Code of Ordinances § 4.23	Technology: Zoom or telephone End Date: When the statewide declaration of emergency is rescinded Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually
Westminster	Website Source of Authority: Resolution 4021	Technology: Meeting: GoToMeeting or telephone Public Comment: Writing only End Date: When the state of emergency ends Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually
Wheat Ridge	Website Source of Authority: How to Participate in Virtual City Meetings	Technology: Meeting: Zoom Public Comment: Wheatridgespeaks, Zoom or telephone End Date: Until further notice Quasi-Judicial Matters: Proceeding Other Board and Commission Meetings: Permitted virtually

Information is changing daily and some of the content included in this alert may have changed or been updated since publication.

This document is intended to provide you with general information regarding public hearings in Colorado during the COVID-19 pandemic. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions.

Public Meetings in the Front Range During the Covid-19 Outbreak

TAGS:

Contributors: