Staff cautions officials about social media and ex parte communications in quasi‑judicial matters

Capitola staff urged elected and appointed officials to distinguish between legislative issues, on which members may freely express opinions, and quasi-judicial matters (permits, appeals) where expressing an opinion on social media or in private communications can create bias or jeopardize a party’s due-process rights.

Chloe, the staff member leading the social-media presentation, told the group city-created content and routine service announcements are encouraged, but posts taking a position on a pending permit or appeal are ‘‘dicey’’ and may require recusal. The presenter warned that online comments and replies can become part of the public record and that ‘‘ex parte’’ communications — contacts outside the public hearing that affect a member’s impartiality — are particularly problematic in adjudicatory contexts.

Why it matters: Planning commissions and councils often decide appeals, permits and variances; when a member states a firm view in advance on a case-specific matter, the decision-maker can be accused of bias, undermining the applicant’s due process protections and triggering disqualification or rehearings.

Presenters recommended officials avoid posting personal positions on quasi-judicial matters before hearings, limit engagement with requests from applicants on private platforms, and use city channels for informational posts. They also advised that comments on legislative matters (for example, general budget priorities) are less likely to require recusal.

Ending: Staff said the city’s code of conduct and social-media policy provide more detail and suggested officials contact the city attorney’s office for advice when unsure whether a post or communication creates an ex parte issue.