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City Attorney Briefs Council on Quasi‑Judicial Hearings, Ex Parte Contacts and Recusal Rules
Summary
City counsel reviewed legal standards for quasi‑judicial land‑use hearings, discussing notice, due process, ex parte communications, bias versus conflict of interest, and how campaign contributions factor into recusal analysis.
City counsel told council members that quasi‑judicial hearings — where the council acts as the final trier of fact and its decision is appealable to court — require heightened procedural protections, including public notice, an opportunity to be heard and decisions based only on evidence introduced at the hearing.
Counsel said ex parte communications about a pending application — such as privately reviewing plans or receiving information outside the hearing process — can create a perception of bias and should be disclosed and typically result in…
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