City attorney tells commissioners to expect disclosures ahead of Dec. 1 Marriott hearing

City attorney Dan gave commissioners a procedural primer on ex parte contacts, conflicts of interest and prejudgment ahead of an upcoming hearing on the Marriott Hotel application, which he said is set for Dec. 1. He told commissioners they must disclose any substantive contacts about an application at the first public hearing so the public and applicants can respond.

“An ex parte contact is anything that you learn about the application that you gleaned from outside the public hearing context,” Dan said, explaining site visits, conversations in public spaces and social‑media exchanges can all trigger disclosure obligations. He warned that “undisclosed ex parte contacts can be a basis for undoing the decision if they’re deemed to be material later on.”

Dan distinguished ex parte contacts from financial conflicts — “an actual or potential financial stake in the outcome of the matter” — and from bias or prejudgment, which he said commissioners must self‑evaluate and declare if it would prevent them from rendering an impartial decision. He told the body the chair will call for disclosures at the first hearing and participants may question disclosed contacts to preserve issues for any later appeal to the Land Use Board of Appeals (LUBA).

The briefing included concrete examples: Dan said a routine, observable site visit is generally a straightforward disclosure, while a longer social encounter or an applicant‑organized trip would require a fuller explanation to the record. He also advised commissioners to avoid social‑media discussions about pending applications and to decline to engage when constituents approach them about quasi‑judicial matters.

No formal action was taken; staff said the guidance will be applied at the Dec. 1 hearing and that commissioners should raise any questions with city staff in advance.