DOCUMENT

POL - Code of Ethics Ordinance 2004

  • YEAR CREATED: 2004
  • ENTITY TYPE: City/Township
  • TYPE OF DOCUMENT: OTHER
The document provides detailed information on the rules and regulations regarding ex parte communications in quasi-judicial proceedings, specifically in the context of zoning actions and land use amendments. It explains that ex parte communications, which are communications between one party and a decision-making body without the knowledge or participation of other parties, are considered prejudicial and a violation of due process. The document emphasizes that before a Commission or Board Member can engage in ex parte communications, they must disclose the substance of the communication to all parties involved. It outlines various scenarios and answers questions related to ex parte communications, such as whether commissioners/board members can discuss matters with applicants or representatives, whether they can read letters regarding pending matters, and whether they can visit the site. The document also discusses the impact of Jennings violations, which occur when a commissioner/board member receives ex parte communications without disclosing them, on the ability of commissioners/board members to vote and participate in hearings. It explains that such violations can result in the disqualification of the commissioner/board member from participating in the decision-making process. The document further explains the judicial remedies available to individuals affected by Jennings violations, including seeking a writ of mandamus or filing a lawsuit. Overall, the document emphasizes the importance of following the rules and regulations to ensure a fair and unbiased decision-making process in quasi-judicial proceedings related to zoning actions and land use amendments.
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