HomeMy WebLinkAboutReso 234-05 Ex Parte Policy
RESOLUTION NO. 234 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ESTABLISHING A POLICY REGARDING EX PARTE CONTACTS
IN QUASI-JUDICIAL PROCEEDINGS
WHEREAS, the City Council, the Planning Commission, the Zoning Administrator, the City Manager
or designee, and other City officers conduct a number of quasi-judicial hearings in the course of performing
their duties;
WHEREAS, the due process clauses of the United States and California Constitutions impose certain
requirements on local agencies that conduct such hearings, including a requirement that decision makers
consider only that .evidence that is presented at the hearing;
WHEREAS, members of the City Council, the Planning Commission, the Zoning Administrator, and
the City Manager or designee could potentially receive information pertinent to quasi-judicial hearings outside
of the formal hearing, which information is known generally as "ex parte contacts"; and
WHEREAS, the City Council has determined that it would be prudent to have a policy concerning ex
parte contacts in quasi-judicial proceedings that applies to the City Council, the Planning Commission, the
Zoning Administrator, the City Manager or designee, and other City Officials that make decisions in quasi-
judicial proceedings;
NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE as follows:
1. Purpose. The purpose of this policy is to ensure that decisions of the City of Dublin in quasi-judicial
administrative proceedings are conducted in an impartial manner and comply with the requirements of Due
Process under the Constitutions of the United States and the State of California.
2. Policy. City Officials shall not intentionally make or receive Contacts related to quasi-judicial proceedings.
3. Disclosure. In the event that Contacts are nonetheless received, City Officials shall disclose such Contacts
on the record of the quasi-judicial proceeding, thereby affording interested persons the opportunity to hear and
respond to the Contact. In preparing agendas for quasi-judicial hearings, City staff shall include an item for
disclosure of ex parte Contacts prior to the opening of the public hearing.
4. Application. The Ex parte Contacts Policy shall apply only to quasi-judicial proceedings and shall not
apply to quasi-legislative or mixed quasi-judiciallquasi-Iegislative proceedings.
5. Effect of Violation. A violation of the Ex parte Contacts Policy shall not constitute independent grounds to
invalidate any decision by City Officials.
6. Definitions. The following definitions shall apply to this policy:
"Contacts" means the receipt of any information outside a quasi-judicial proceeding that is relevant in a
quasi-judicial proceeding before City Officials. Contacts may include, but are not limited to,
Reso # 234-05, Adopted 12/20/05
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conversations, written communications, electronic mails, telephone calls, and visits to sites that are the
subject of a quasi-judicial proceeding.
"City Officials" means the City Council, the Planning Commission, the Zoning Administrator, the City
Manager or designee, and any other city employee or officer that acts as a decision maker in a quasi-
judicial proceeding.
"Disclosure" means, at a minimum, the persons involved in the ex parte contact, the content of the ex
parte contact (e.g., what information was provided, what was discussed, what was said), when the ex
parte contact occurred and where the ex parte contact occurred.
"Quasi-judicial proceeding" means a City proceeding in which a City Official applies existing legal
standards to a particular set of facts that affects an individual or individuals.
"Quasi-legislative proceeding" means a City proceeding in which City Officials create a rule of
general applicability for future guidance. Quasi-legislative proceedings in the City of Dublin
include, but are not limited to, actions on general plan amendments, specific plan amendments,
and zoning decisions.
"Mixed quasi-judicial/quasi-Iegislative proceeding" means a City proceeding involving both
adjudicative and legislative elements. Mixed quasi-judiciallquasi-Iegislative proceedings in the
City of Dublin include, but are not limited to, site development permit approval that is contingent
upon a zoning ordinance amendment.
7. Effective Date. This Resolution shall take effect immediately.
8. Severability Clause. The provisions of this Resolution are severable and if any provision, clause,
sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or
circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair
any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or
their applicability to other persons or circumstances.
PASSED, APPROVED, AND ADOPTED this 20th day of December 2005, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council members Hildenbrand, McCormick and Zika, and Mayor Pro Tem Oravetz
None
Mayor Lockhart
~(1 (
vvU-; ~
J May6r Pro Tem .
None
A1T
- ~-
1 Y Clerk
Reso # 234-05, Adopted 12/20/05
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