How Things Work

Quasi-Judicial Decisions

Quasi-judicial decisions are typically associated with call-up items and involve making a specific decision based on existing rules.

Nicole Speer

12 Jan 2025 — 2 min read

Photo by Wesley Tingey / Unsplash

What is unique about a quasi-judicial decision?

The Council often makes new rules and laws (legislative decisions). In a quasi-judicial decision, the Council applies existing rules to a specific case, using the facts presented to the Council. In a quasi-judicial decision, Councilmembers act as impartial judges in a court case and must apply the rules fairly, whether or not they agree with them.

How are quasi-judicial decisions made?

Decisions must be based on the facts presented in the case and made according to specific criteria. Those criteria do not include council members' political or personal views. Councilmembers cannot make up their minds in advance because they must hear the evidence presented at the hearing and not base their decisions on any outside information. They must disclose any outside information about the case and excuse themselves if they are personally impacted or cannot be impartial.

Any decisions made outside the criteria (e.g., based on a political or personal view) could be subject to a court appeal or legal action.

What happens in a quasi-judicial hearing?

The general process in a quasi-judicial hearing is as follows:

Councilmembers note any contacts they have had about the case with anyone outside of the hearing that might influence their decision and recuse themselves if they cannot be unbiased.
The staff gives a presentation, and the Council may ask questions.
The applicant may make a presentation, and the Council may ask questions.
The Mayor or Mayor Pro Tem opens the public hearing for community comments, and the Council may ask questions.
The applicant may provide a rebuttal to remarks made by the public.
The public hearing is Closed, and the Council can discuss the decision.
A motion requires an affirmative vote of at least five members to pass and must state findings, conclusions, and recommendations.
Staff keep a record of the hearing.

Who else makes quasi-judicial decisions?

Some boards and commissions, such as the Planning Board, the Board of Zoning Adjustment, and the Human Relations Commission, have quasi-judicial authority.