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Commissioners advised: disclose off‑record contacts; use staff reports to limit ex parte risk
Summary
Attorneys told commissioners the core ex parte rule: information in the hearing or materials is fair game; off‑record contacts risk procedural challenge. They recommended routine staff reports to reduce private contacts and suggested how to disclose and handle possible conflicts.
Presenters told the planning commission a single simple touchstone for ex parte communications: use only material presented at the hearing or in the hearing packet when you deliberate.
"If you heard about it at the hearing or in the materials for the hearing, you're okay. If you heard about it outside of that, outside of the hearing, outside of the materials, then it's like the experte," said Sam Severn, summarizing the practical rule and explaining why written staff reports reduce the need for off‑record conversations.
Speakers walked commissioners through the disclosure process: if a member has an off‑record contact they should disclose it when the matter is called, summarize what was communicated, and state whether they can remain neutral. The chair then rules and the commission may affirm or veto that decision.
Presenters emphasized that small community contacts are common and disclosure — not concealment — builds credibility. They also advised documenting disclosures on the record and recommended routine staff reports and proposed findings to ensure all members receive the same information prior to deliberation.
