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HomeMy WebLinkAboutReso 172-11 Ex Parte Contacts Amend RESOLUTION NO. 172 - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING AND RESTATING THE 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; and 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; and WHEREAS, members of the City Council, the Planning Commission, the Zoning Administrator, and the City Manager or the City Manager's designee could potentially receive information pertinent to quasi-judicial hearings outside of the formal hearing, which information is known generally as an "ex parte contact"; and WHEREAS, the City Council by adopting Resolution No. 234-05 previously 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, and now desires to amend and restate that policy thereby superseding Resolution No. 234-05. 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. With the exception of the members of the City Council, City Officials shall not intentionally make or receive Contacts related to quasi-judicial proceedings. Members of the City Council are not prohibited from making or receiving Contacts related to quasi-judicial proceedings, except that members of the City Council shall not intentionally make or receive Contracts relating to a quasi- judicial proceeding after receiving notification from City staff that the City Council will be acting as the decision maker for said proceeding. 3. Disclosure. City Officials shall disclose any such Contacts, whether prohibited or not, 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 toquasi-judicial proceedings and shall not apply to quasi-legislative or mixed quasi-judicial/quasi-legislative proceedings. Page 1 of 3 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 aquasi-judicial proceeding that is relevant in aquasi-judicial proceeding before City Officials. Contacts may include, but are not limited to, conversations, written communications, electronic mails, telephone calls, and visits to sites that are the subject of aquasi-judicial proceeding. "City Officials" means the City Council, the Planning Commission, the Zoning Administrator, the City Manager or the City Manager's designee, and any other city employee or officer that acts as a decision maker in aquasi-judicial proceeding. "Disclosure" means, at a minimum, disclosure of: 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-legislative proceeding" means a City proceeding involving both adjudicative and legislative elements. Mixed quasi-judicial/quasi-legislative 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 and upon becoming effective shall supersede Resolution No. 234-05. 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. Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 4th day of October 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTEST: City Clerk Reso No. 172-11, Adopted 10-4-11, Item 7.1 Page 3 of 3