Sec. 50.204. - Declaration of policy on ex parte communications; procedures for disclosure.

During the course of carrying out the duties and responsibilities of local public officials, situations may arise in which ex parte communications occur. Recognizing that such communications may, at times, be unavoidable, and that an outright prohibition on such communications interferes with the public's right to voice its opinions to public officials and with the performance of the duties and responsibilities of public officials, on those occasions when ex parte communications are received by local public officials, they shall be handled in the following manner: (a) Communications generally. All communications involving matters of a quasi-judicial nature should occur at public hearing(s), except as otherwise specifically permitted hereunder or in subsection (b) of this Section. (i) Written communications. Public officials may read written ex parte communications concerning quasi-judicial matters which are before, or likely to come before, the quasi-judicial body, provided that the public official shall transmit a copy of the written communication to the secretary of the quasi-judicial body in order that such written communication may be placed on file for public inspection and made a part of the record as soon as reasonably practicable before final action on the matter. (ii) Oral communications. Local public officials shall disclose the substance of all oral ex parte communications which have significantly influenced their preliminary views or opinions concerning a particular matter, as well as the identity of the person, group or entity with whom the communication occurred, before or during the public meeting at which a vote is taken on the matter, but preferably no later than the beginning of the last public hearing before final action on the matter, and such disclosures shall be made a part of the record before final action on the matter. (iii) Investigations, site visits and expert opinions. Public officials may conduct investigations and site visits and receive expert opinions in deciding a specific matter before the quasi-judicial body; provided however, that such information, shall be disclosed at the public hearing and made part of the record before final action on the matter. (b) Oral communications subsequent to first advertised public hearing. Oral communications regarding pending quasi-judicial matters which occur subsequent to the first advertised public hearing before the quasi-judicial body in a public meeting and pursuant to due notice in writing to the applicant and all interested parties who appeared before the quasi-judicial body, either orally or in writing, are permitted, provided the tape or minutes of such meeting are prepared and placed on file for public inspection within seven days from the date of such meeting or before final action on the matter, whichever occurs first. (Ord. 95-863-762, § 2)