§ 47-1.13. Access to public officials.

A.

As used in this section, the following definitions shall apply:

1.

Public official. Any elected or appointed public official of the city who recommends or takes quasi-judicial action.

2.

Ex parte communication. Any written or oral communication from any person to a public official or an investigation or inspection by a public official of a site which is the subject of a matter to be considered in a quasi-judicial hearing by such public official.

B.

Disclosure. An ex parte communication shall not be presumed to be prejudicial to the action taken by a public official, board or commission if the communication is disclosed as follows:

1.

The public official in receipt of a verbal communication discloses the identity of the person, group or entity with whom the communication took place and makes such information part of the record of the quasi-judicial matter prior to final action being taken on the matter.

2.

The public official in receipt of a written communication makes the written communication part of the record of the quasi-judicial matter prior to final action being taken on the matter.

3.

The public official who conducts an investigation or on-site visit or receives an expert opinion relating to a quasi-judicial action pending before him makes the investigation, on-site visit or expert opinion part of the record of the quasi-judicial matter prior to final action being taken on the matter.

4.

Disclosure made pursuant to this section shall be made before or during the public meeting at which a vote is taken on such matter so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to rebut or respond to the communication.

(Ord. No. C-97-19, § 1(47-1.13), 6-18-97)