Res12 15231 - Laserfiche WebLink

Browse Search

11/19/2012 ATTACHMENT A D. Ex-parte Communications. Constituents have a reasonable expectation that they may engage their elected officials on matters of community concern such as land use matters which are often controversial. However, interested persons also have a right to know what a Council Member considers as evidence in making certain decisions and may feel that the proceeding was not fair when a public official has ex parte communications (communications that occur outside of a public hearing) on a matter that is before or likely to come before the City Council. The City Council wishes to balance its commitment to transparency in government and its obligation to provide a fair process. Accordingly, the following is suggested as best practices: 1. Legislative decisions. Legislative decisions relate to the City Council's law- making and policy functions, such as ordinances, zoning, and general plan amendments. The City Council may discuss pending legislative matters freely with its constituents and the public and no disclosure of those contacts is necessary. 2. Adiudicative decisions or quasi-iudicial decisions. Adjudicative or quasi- judicial decisions relate to evaluations and judgments where the City Council is charged with applying legal standards to a factual situation, such as discretionary land use entitlements. Accordingly, the procedure employed must be fair and as well as accord interested parties with a meaningful opportunity to prepare and be heard. Interested parties should keep in mind that ex parte contacts with Council Members may give rise to the perception that the process was not fair if Council Members have information that other interested parties do not have or ex parte contacts may give rise to a perception that the Council Member is biased in favor of or against a particular party. While Council Members may meet with constituents to discuss pending adjudicative decisions, it is recommended that the Council Member make a complete disclosure of the contact, as follows: i. Where information of a specific nature is gathered by a member of the City Council through contacts outside the record and the information is not already on the record,the member shall disclose the contact and its substance on the record prior to the commencement of the hearing to which such contact relates. ii. When a matter involves a mixture of adjudicatory and fegislative decisions, ex parte contacts and communications shall be disclosed. 3. Appeals. Once an appeal is filed, the City Council prefers to limit ex parte communications and rely on the record as presented during the hearing. In this case, the City Council Members should discourage any ex parte communications and may wish to avoid gathering or receiving information outside the noticed public meeting but to the extent such communication occurs,they should disclose this information. ATTY/DOCS-POLOCIES/10-23-12 PT REV CITY COUNCIL RULES OF PROCEDURE CLEAN.DOC REV:10-24-12 PT Page 8 of 11 RESO.#15231 MUFF#205