North Smithfield zoning board chair reminds members not to hold ex parte discussions, urges recusal when needed

The Chair of the North Smithfield Zoning Board of Review on Feb. 11, 2025, reviewed the board's rules on ex parte communications and told members they must disclose any out-of-meeting contacts related to pending applications and recuse themselves when conflicts arise.

The Chair said the rules bar members from conducting outside investigative research or communicating about contested facts or opinions with parties connected to an application. "If by chance you did have such an occasion to have a communication with somebody related to the case that is outside the venue in the occasion of a meeting, then you must come forward," the Chair said.

The Chair described how limited informal discussion among two members is permitted but warned against three-way conversations that could create an unofficial forum: "No more than 2 of us can speak to each other at any given time about anything. ... It's when that third person is involved that it's creating a forum and that's outside the boundaries of meaning and therefore, that's an ethics violation." The Chair added that violations can expose the board's proceedings to legal challenge: a judge could rule a case corrupted and an aggrieved party could seek relief in court.

Board members were urged to use discretion when speaking with the public and to make clear they are speaking as private individuals, not on behalf of the board. The Chair also advised recusal when a family member or close friend is a party to an application and said the board's solicitor can advise on whether impartiality is compromised.

The Chair mentioned an upcoming refresher/ethics briefing scheduled for March 27 and said attendance was recommended for both new and continuing members so they can review what they "can, cannot, or should not do in the eyes of the ethics commission."