§ 2-167. Ex-parte communications in quasijudicial matters before the city commission or other boards or committees of the city.

(a)

Written communications. Any elected or appointed city official may read any written communications from any person regarding any quasijudicial matter. The written communication shall be filed with the city clerk. The city clerk shall make that written communication part of the record in the quasijudicial matter.

(b)

Oral communications. Any elected or appointed city official may orally communicate with any person regarding any quasijudicial matter. The elected or appointed city official shall disclose, and make part of the record in the quasi-judicial matter, the subject of the communication and the person, group or entity with whom the communication took place.

(c)

Investigations and expert opinions. Any elected or appointed city official may conduct investigations into the quasijudicial matter, visit the site of the quasijudicial matter, or receive expert opinions as to the quasijudicial matter, and shall make the investigation, site visit or expert opinion part of the record in the quasijudicial matter.

(d)

Disclosure. All disclosures required herein shall be made before or during the public meeting at which a vote is taken on the quasijudicial matter so that persons with opinions contrary to those expressed in the ex-parte communication or the result of the investigation or site visit shall have the opportunity to respond to the communication, result of the investigation or site visit.

(e)

Removal of presumption of prejudice. The adherence to these procedures shall remove any presumption of prejudice as to the quasijudicial matter, as provided by state law.

(Ord. No. 95-143, § 1, 7-10-95)