Ex-Parte Contacts
by Greg Dale
When should you refuse to discuss a matter before your planning board? Greg Dale offers some cautions about ex-parte contacts.
Read excerpts from article:
Any contact that you have with a party involved, or
potentially involved, in a matter before the planning commission
outside of the public hearing process is known as an "ex-parte"
contact. Ex-parte contacts can present difficult ethical
problems for planning commissioners.
Most people tend to think of ex-parte contacts as referring to
contacts that occur outside of the meeting. While that is
generally true, the literal meaning of the term "ex parte" is
"one-sided." This, of course, suggests that when you engage in
an ex-parte contact, you are engaging in a one-sided discussion,
without providing the other side an opportunity to respond and
state their case.
Critical elements of legal due process involve providing all
parties an opportunity for a fair hearing, full disclosure of
information that you are considering, and an opportunity to be
heard. Engaging in outside or ex-parte contacts can violate
those due process requirements, and ought to be avoided. ...
Any substantive information or facts that you
receive during the course of those contacts that relate to the
matter at hand ought to be made a part of the public record so
that it can be available for consideration or challenge by all
interested parties. This can be done by way of a public
statement by you at the commission meeting.
Remember that there is nothing more frustrating for the losing
party than to have the impression that the other side prevailed
through the use of "back door" politics. And nothing is more
important to you as a planning commissioner than your
credibility and integrity.
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