Elbert County attorney briefs planning commissioners on ex parte contacts, recusal and approval criteria

Elbert County Attorney Lance told planning commissioners during a training session that ex parte communications — private conversations about a pending application outside the public hearing — can invalidate a quasi‑judicial land‑use process if not disclosed or addressed.

Lance defined ex parte as a communication with a single party that occurs outside the public hearing and therefore outside the record, and said commissioners should either disclose inadvertent contacts on the record or recuse themselves if the contact is significant. “One way and one common way to deal with an ex parte communication is it was inadvertent and it's fully disclosed,” he said.

The briefing explained why disclosure and recusal matter: both applicants and the public are entitled to due process, and information known to only one side can undermine fairness. Lance said the worst ramification of undisclosed ex parte contacts is that “the…