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Officials warned: BZA ex parte contacts prohibited; recusal and alternates advised
Summary
Training emphasized that Board of Zoning Appeals members must avoid ex parte contacts and that conflicts of interest (including perceived bias) require recusal; the presenter recommended using alternates and documented recusals to preserve decisions.
Presenter K.K. Gerhard Fritz told Porter County planning officials that ethics rules and ex parte contact restrictions are central to preserving the fairness and legal defensibility of quasi‑judicial land‑use decisions.
Fritz said the law bars BZA members from private contact about a case: “BCA members cannot meet with an applicant or a neighbor. You can't talk on the phone. You can't go to the site. You can't share emails.” She described that restriction as explicit for the BZA because it is a quasi‑judicial body and urged plan commissioners to treat off‑record contacts cautiously as well.
The presenter reviewed conflict‑of‑interest standards named in state law: direct financial interest (for example, when the property or business involved is a board member’s own), indirect financial interest (family members, organizations to which the member donates), and bias or inability to be impartial. Fritz emphasized that perception matters: even the appearance of a conflict can require recusal, and a surrounding property‑owner notice typically signals an affected interest.
Fritz recommended that members declare conflicts as soon as possible, place them on the record, and then leave the room rather than remaining in the audience and signaling at the hearing. She noted that state law permits appointing alternates who can sit when a regular member must recuse, and recommended incorporating clear recusal procedures into the boards’ rules of procedure.
The presenter also advised staff to be proactive: make site photos and staff reports available to commissioners so members need not conduct off‑record site visits or engage in private discussions that could be viewed as ex parte contacts.
Fritz closed by encouraging officials to consult staff or the county attorney immediately if they are unsure whether a conflict exists and to document recusals and the reasons for them in the meeting record.
