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City attorney briefs commission on quasi-judicial rules and ex parte disclosures ahead of K Street hearing
Summary
Before hearing project testimony, the city attorney reviewed quasi-judicial decision criteria: notice and opportunity to be heard, decisions based on competent and substantial evidence on the record, and required disclosure of ex parte communications to remove prejudice from the record.
Before taking public testimony, the city's legal counsel provided a focused presentation explaining quasi-judicial decision-making rules and obligations for commissioners. The attorney stressed that decisions must be grounded in competent, substantial evidence on the public record and cautioned that ex parte communications, site visits, and undisclosed conversations can be prejudicial.
"Everyone who is involved has to have notice and an opportunity to be heard," the city attorney said, explaining the importance of hearing testimony from staff, applicants and affected parties and of recording any off-record communications. The attorney also described the city's LDR Section 23.2-16 process for disclosing and potentially curing ex parte communications to preserve the impartiality of the hearing.
Commissioners answered the attorney's scripted questions on disclosures; several commissioners recorded communications with staff, consultants, and constituents but affirmed their ability to serve as impartial hearing officers and based their pending decisions only on the evidence presented that night.
