Elbert County attorney tells planning commissioners to avoid ex parte contacts, predetermination

Elbert County’s acting county attorney, Lance, told the Planning Commission at a legal briefing that commissioners must avoid off‑record, one‑sided communications about pending land‑use applications and must either disclose or recuse themselves when such contacts may affect fairness.

Lance told commissioners that ex parte communications — private conversations with a single party about an application outside the public hearing — threaten due process because “neither side [should] have information that the other side does not.” He said such communications can invalidate a commission recommendation or later decisions by the Board of County Commissioners if they are judged significant enough.

The attorney outlined two primary responses when an ex parte contact occurs: disclose the contact on the record at the hearing so that the information is part of the public record and available to both sides, or, if the contact is so prejudicial that it undermines a commissioner’s ability to be fair,…