Estes Park Needs Clear Quasi-Judicial Rules
Quasi-judicial hearings exist to ensure fair decision-making. Because the Town Board acts in a judge-like role, the public must be able to rely on consistent procedures, especially regarding when the evidentiary record is open and when it is closed.
At the Estes Park Town Board meeting on December 9, 2025, the Board held a quasi-judicial public hearing on Resolution 103-25. During the open hearing, the Mayor asked whether any communications had been received regarding the application that was not included in the Board packet/dais. The Deputy Town Clerk acknowledged that an email had been received shortly before the Study Session but was not on the dais and not included in the packet.
The Mayor then closed the public hearing. Only after closure, immediately before the vote, a Trustee requested that the email be read aloud. The acting Town Attorney agreed, and the Deputy Town Clerk read the email into the record after the public hearing had been closed. The email was from a co-applicant.
This sequence matters. In quasi-judicial proceedings, the timing of when communications are introduced into the record is essential to due process and public confidence. When substantive information is read into the record after a hearing is closed—without reopening the record and allowing an opportunity to respond—it creates an avoidable appearance of uneven procedure.
The Town Administrator has confirmed the Town does not have a written adopted policy governing comments submitted after noon but before the meeting and has declined to provide further clarification.
This is not about the outcome of Resolution 103-25. It is about ensuring that quasi-judicial procedures are clear, consistent, and applied equally—because these decisions affect property rights, development, permits, licensing, and other matters that impact every resident.
If the Town lacks a written policy governing late submissions and record closure in quasi-judicial matters, it should adopt one and apply it consistently. A closed hearing should mean a closed record — and Estes Park residents deserve nothing less.
I encourage residents to watch the meeting recording and ask the Town Board to adopt a written rule: once a quasi-judicial hearing is closed, no additional evidence or comment should be introduced unless the record is formally reopened with notice and an opportunity to respond.
Christy Jacobs, Estes Park