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Planning commissioners receive training on ex parte contacts and conflicts of interest
Summary
A land use attorney trained Routt County planning commissioners June 18 on avoiding ex parte contacts and when to disclose or step down for conflicts of interest, urging members not to decide on matters before hearing all evidence and summarizing the "show me the money" rule for financial conflicts.
Routt County Planning Commissioners participated in a training workshop June 18 focused on ex parte contacts, conflicts of interest and best practices for quasi‑judicial hearings.
Gerry Dahl, a land use attorney and county consultant, led the session and outlined the difference between quasi‑judicial and legislative actions, explaining that ex parte contacts apply only to quasi‑judicial matters and should be avoided once an application is pending. Dahl urged commissioners against "making a decision prior to hearing all the evidence," stressing that extensive ex parte contacts may require a decision maker to step down from a hearing.
Dahl reviewed practical steps for avoiding ex parte communications and recommended that members disclose any attendance at developer‑hosted neighborhood meetings, noting attendance before an application is filed is not prohibited but can create the appearance of prejudice. On conflicts of interest, he offered a concise threshold rule — summarized in the session as "show me the money" — explaining that a conflict exists when a decision would have a direct financial impact on the individual rather than a broad class of people.
Commissioner Brian Kelly asked how proportionality for exactions should be decided on large projects; Dahl said staff can consult outside experts and encouraged commissioners to rely on staff analyses. Planning Director Kristy Winser reminded commissioners that applications are posted on the Routt County website once deemed complete but that 'complete' does not mean final, and emphasized that decision makers should not prejudge applications prior to hearings.
The training served to reiterate ethical duties and procedural safeguards for commissioners handling land‑use applications. Staff advised commissioners to consult with planning staff or the county attorney when they have questions about whether an ex parte contact or potential conflict warrants disclosure or recusal.
