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City attorney warns board about ex parte communications in dangerous-dog hearings
Summary
The city attorney advised board members to avoid accepting outside information about cases that may come before them, recommending disclosure if contacted and reliance only on evidence presented at hearings to preserve due process.
The city attorney advised Animal Control Board members about ex parte communications and due process during hearings, particularly dangerous-dog cases. The attorney said outside contacts with board members can create biased evidence and instructed members to disclose any off-agenda information so the other party can confront it during a hearing. "Ex parte communication is always dangerous," the attorney said, urging members to forward any emails to clerks and avoid relying on outside information when deciding cases.
Members agreed the best practice is to tell constituents not to provide unsolicited information and to refer such contacts to clerks so the information can be recorded and shared with both parties. The attorney noted that if evidence is presented outside the hearing, it should be divulged at the hearing so the other party has a chance to respond.
