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Board tightens ex parte and correspondence rules, flags enforcement as ethics/appeal matter
Summary
The board expanded language to ban off‑record, case‑related communications and told staff to require any written contact about case merits to be filed as a served motion; enforcement would come via appeal, ethics complaints or council action.
The Board of Appeals reinforced prohibitions against ex parte communications and one‑sided correspondence, clarifying that substantive case communications outside the hearing must be filed as a motion and served on all parties.
Members discussed enforcement: remedies range from motions and appealable procedural objections to ethics complaints and, in extreme cases, removal by County Council under charter authority. "Evidence shall be presented to the board of appeals only in hearings open to the public," a staff reading of practice rules emphasized; board members said a written motion is the proper method to raise off‑record communications rather than informal emails.
The new language directs staff to add a definition of ex parte and to remind parties and witnesses that any communication relevant to the merits must be served on all parties and entered through the motion process. The board noted consequences (appeal or referral to ethics) are outside the board's immediate remedies but are available under county rules.
