Why can I talk privately to a decision maker on a legislative matter but not on a quasi-judicial matter?

Legislation generally concerns governance of a large number of people and/or general categories of property or people or activities. When general legislation is applied to specific people or property, the matter becomes quasi-judicial because it is similar to how a court applies the general law to a given situation. A quasi-judicial matter generally concerns specific people, entities or properties and, therefore, needs to be handled with care so that it can be clear to everyone that any decision is based upon public discussion and public information and the record of the proceedings can be preserved.

Because there is some distrust regarding decisions made by Boards, Commissions and/or Councils regarding quasi-judicial matters, the Idaho Legislature has determined that the public has the right to comment on the proposal and to observe the discussion regarding the proposal where a quasi-judicial matter is being considered. This is meant to prevent concerns that a decision is made because of undue influence, bribery, kick-backs, and/or personal feelings or obligations regarding various parties or issues. In order to insure fairness, more structure is given to quasi-judicial matters than to legislative matters.

Show All Answers

1. Why can I talk privately to a decision maker on a legislative matter but not on a quasi-judicial matter?
2. Why can’t I talk to a decision maker about an upcoming quasi-judicial matter?
3. Why does the applicant get more time than others?
4. Why do staff members sometimes interrupt the process?
5. When is it possible to talk to a City Councilmember or member of a Board or Commission regarding something I feel strongly about?
6. How do I find out about an upcoming meeting or issue?
7. What if I have a suggestion to make to the City that is not scheduled to be discussed at a meeting?
8. If I have a question about process, who can I talk to?
9. Does the City follow Robert’s Rules of Order?
10. If I think that the State law or the City Code is being violated, who can I talk to?
11. How do I get something on the agenda?
12. How do I know if a subject, project or agenda item is legislative versus quasi-judicial?