City Council Study Session Agenda and Packet 2016 01 12

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An elected official should base his /her decision on matters presented during the hearing. An elected official sitting in a quasi-judicial capacity should not discuss a pending quasi - judicial matter with any of the parties involved in the matter, outside the hearing. An elected official sitting in a quasi - judicial capacity should not discuss a pending quasi - judicial matter with a member of the public outside the hearing. An elected official sitting in a quasi-judicial capacity should not discuss a pending quasi - judicial matter with staff or other members of the quasi - judicial body outside the hearing. To the extent an elected official sitting in a quasi - judicial capacity has discussions with parties or citizens prior to a quasi - judicial hearing, the official should fully disclose such discussions at the outset of the hearing. The official should give any of the parties to the application or opposing the application an opportunity to request that the official not participate in the hearing if they feel his or her ex parte discussions prejudiced their ability to be fair and impartial. The official is not required to refrain from participation based on such a request. To the extent an elected official sitting in a quasi - judicial capacity receives written materials or documents relating to the application, the official should fully disclose such documents and, unless they are likely to prejudice the rest of the tribunal, should provide them with copies. In cases, where the official's ex parte discussions or review of documents outside the hearing renders them unable to be fair and impartial, they should refrain from participating. Louisville's Code of Ethics suggests that such nonparticipation may be appropriate where there would be an appearance of unfairness or partiality if the official participated in the hearing. D. Constituent contacts in e-mail, electronic media times The explosion in recent years in e -mail communications and social media contacts have made it even more problematic to avoid ex parte communications. Many elected officials make their official e -mail address available to the public. Upon receiving an e-mail, it may be difficult to determine whether it relates to a legislative matter or a quasi - judicial matter pending before the Council or Commission until you open it. Such communications require added vigilance in considering whether to open the communication, whether and how to respond to it, and disclosures that may need to be made to the remainder of Council regarding information received. Page 13 of 26