County counsel briefs commissioners on social‑media and ex‑parte risks

Humboldt County planning commission counsel delivered a training session for commissioners on ex‑parte communications, social‑media conduct and digital research during the meeting.

"Ex parte, it means from one party," said Destiny Velasquez, the county’s planning commission attorney, explaining the legal concept that commissioners must avoid relying on information from a single party that other parties cannot rebut. Velasquez outlined the key rules: avoid substantive online engagement about pending quasi‑judicial matters (likes, shares, replying), disclose any off‑record contacts before staff presents the item when possible, and place new substantive information into the record so the applicant and the public have an opportunity to respond.

Why it matters: Commissioners act as quasi‑judicial decision makers for permits that affect specific properties and property rights. The attorney said that taking significant factual material from private online sources or private discussions and using it to shape a decision without giving other parties an opportunity to rebut can be grounds for voiding a decision.

Practical guidance: Velasquez recommended that commissioners either avoid social media engagement on pending matters or disclose promptly and in detail any exposure. She said the disclosure should be made early in the hearing — ideally before the staff report — and that staff should be given time to vet and place complex materials into the record. She listed examples of risky behaviors that could create a presumption of impropriety: following or friending an applicant’s account, reading posts or comment threads that contain technical claims, or using algorithmically surfaced content to form or support a decision without disclosure.

Consequences and cure: The attorney said consequences range from a corrective admonition to vacating the commission’s action in court, depending on the nature of the exposure and whether it affects the decision’s fairness. Cure steps include public disclosure at the hearing and putting the material into the file so the applicant and public may respond.

Next steps for commissioners: The counsel urged commissioners to consult the county attorney when in doubt, to avoid conducting independent online research that would materially affect their view of a pending case, and to favor asking staff to find and place relevant materials into the record rather than sourcing them independently.

Context: The guidance follows a pattern of court decisions emphasizing fairness in administrative adjudication; Velasquez referenced national and state precedents and told commissioners that social‑media algorithms can unintentionally amplify one‑sided views and create the appearance of bias.