City Council Minutes 2014 02 24 SP

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City Council Special Meeting Minutes February 24, 2014 Page 8 of 11 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 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. LCOE suggests such nonparticipation may be appropriate where there would be an appearance of unfairness or partiality if the official participated in the hearing. COUNCIL QUESTIONS Can Council make site visits? Special Counselor Krob referred to the judicial analogy. Judges can visit sites under very structured conditions; there is very little discussion at the site because it is not a part of the hearing. Staff should notify the applicant, arrange the visit and accompany the Council on the site visit. I should be clear there will not be any discussion at site. At the hearing there should be disclosure of the site visit on the record. Even if it is just one Council member who visits the site it is important to make disclosure. He suggested after such a disclosure the Council member ask if the applicant or any of the opposing parties has any objection to the Council member continue to hear the matter.