HomeMy WebLinkAbout2021-11-16; Council Policy No. 92 - Ex Parte CommunicationsCity Council Policy Statement No. 92
Nov. 16, 2021
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6. For quasi-judicial proceedings involving land use decisions, independent site visits by a
decision maker may be useful for the decision-making process. In such cases, the site
visit should be disclosed at the public hearing and, when possible should not occur while
a project proponent, opponent, or other interested party is present. If a project
proponent, opponent or other interested party is present during the site visit, the
substance of any communications with the party during the site visit should also be
disclosed at the public hearing.
7. When an ex parte communication does occur, information regarding the
communication should be fully disclosed so that all interested parties are aware of the
communication and have an opportunity to explain or rebut the information as
necessary.
Procedure
A. This policy shall apply to the mayor, city council members, and members of all boards
and commissions when serving as decision makers in any quasi-judicial proceeding.
B. The city clerk in conjunction with the city manager and city attorney will identify agenda
items involving quasi-judicial decisions on the agenda for the City Council or any board
or commission.
C. The presiding officer at a public hearing involving a quasi-judicial decision will ask each
member of the decision-making body to disclose any ex pa rte communications prior to
the time for receipt of public comment.
D. Disclosure of ex parte communications may be made verbally and should include the
following information as applicable:
a. The type of communication, including whether any written or other materials
were provided to the decision maker;
b. When and where the communication took place;
c. Who was involved in the communication with the decision maker; and
d. The substance of the information that was disclosed to the decision maker.
E. If a decision maker received any written or other materials as part of an ex parte
communication, those materials should be provided to the City Clerk's Office and
included in the record of the proceedings. If the materials are no longer availab.le at the
time of the hearing, the decision maker should provide the City Clerk's Office with a
description of the materials received and an explanation of why they are no longer
available to include in the record of the proceedings.
F. Ex parte contacts occurring after a public hearing is closed and before a final decision is
rendered are prohibited because there is no opportunity for rebuttal.
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