Determining Legislative or Quasi-Judicial

How Do I Know if a Subject, Project or Agenda Item is Legislative Versus Quasi-Judicial?

There is no specific formula to help you to determine this; however, there are some “rules of thumb” which, in general, apply specifically to each matter.

Quasi-Judicial Matters

  • Applies general rules or laws to a particular person, place or entity
  • Requires a public notice in the newspaper and on the subject property
  • Requires specific “findings” (called a Reasoned Statement of Relevant Criteria)
  • The action is the result of a request by an applicant for action by the government
  • Required specifically by the City Code to be subject of a Type 2 Quasi-Judicial hearing

Legislative Matters

  • Applies to broad categories of people or issues
  • Establishes general rules or practices
  • Based upon broad principles or policies
  • Meant to advise how to act
  • The public notice specifically refers to amendment of the Comprehensive Plan or the Subdivision Code but not in conjunction with a particular property

On any specific matter you may always contact the Community Development Director or the City Attorney for an opinion on whether the matter is legislative or quasi-judicial.