Land‑use attorney trains Routt County planners on ex parte contacts and conflicts of interest

Before the regular agenda, Routt County commissioners and staff received a training workshop from land‑use attorney Gerry Dahl on managing ex parte contacts, conflicts of interest and preparing legally sound findings.

Dahl, a consultant to Routt County, explained the legal distinction between quasi‑judicial proceedings and legislative actions and emphasized that ex parte contacts apply only to quasi‑judicial matters. He advised commissioners to "not make a decision prior to hearing all the evidence" and to disclose attendance at developer‑hosted meetings that might create the appearance of undue influence. He warned that extensive ex parte contacts may be cause for a decision maker to step down.

On conflicts of interest Dahl outlined a practical threshold for disclosure: a broad effect on a general class of people (for example, all realtors) is not a disqualifying conflict, but an outcome that would have a direct financial impact on an individual decision maker is. He summarized the test as "show me the money," advising recusal when a direct personal financial impact exists and consultation with staff in unclear cases.

Dahl also reviewed best practices for drafting findings, noting the UDC provides regulatory standards while the Master Plan is advisory. He encouraged commissioners to consult staff before hearings and to rely on evidence presented at the public hearing when forming decisions.

The training concluded and the commission then proceeded to its regular agenda.