Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Governance topic
No spam. Unsubscribe anytime.
Cosac counsel reminds members to avoid off‑record assurances and to notice or record site visits
Summary
County counsel reviewed committee bylaws on ex parte communications, advising members not to make off‑record assurances about pending applications, to document prohibited contacts, and to hold site visits as noticed public meetings or recorded events when quorum is present.
Andrew, counsel to the Cache County Open Space Advisory Committee, reminded members of bylaws and legal limits on Dec. 6, emphasizing that off‑record communications about the merits of active applications must be avoided and documented if they occur.
Andrew told the committee that ex parte contacts that speak to the merits or create impressions of assurances should stop immediately and be reported to the secretary so they can be placed on the record. He said that while members may explain the public application process, they should not promise approvals or otherwise imply a favorable outcome outside a public meeting.
Members asked whether coordinated site visits are allowed. Counsel and staff advised that site visits can be conducted, but they should be noticed and recorded if a quorum will be present; if fewer members visit, the meeting may still be considered a public meeting and should be handled as such. Committee members were told they may ‘drive by’ a property for observation but must avoid substantive one‑on‑one discussions about an application’s likely score or funding.
The guidance was framed as both legal compliance (state rules on gifts and assurances were mentioned) and public‑perception protection: preventing informal commitments or impressions that could affect trust in the committee’s deliberations. Members asked for clarification about recording and notice procedures and staff said they will provide guidance and recording resources for future site visits.
