ITEM: PUBLIC HEARINGS

15. FIRST READING OF ORDINANCE NO. 112 – RESCINDING RULES REQUIRING DISCLOSURE OF EX PARTE COMMUNICATIONS AND REPEALING PENALTIES AND REMEDIES FOR NON-DISCLOSURE

Meeting Date: January 29, 2004 Budgeted: N/A

Program/Line Item No.: N/A

Staff Contact: Arlene Tavani Cost Estimate: N/A

General Counsel Approval: Reviewed by District Counsel

Committee Recommendation: N/A

CEQA Compliance: N/A

SUMMARY: On November 19, 2001, the Board of Directors adopted Ordinance No. 99, entitled Requiring Disclosure of Ex Parte Communications and Establishing Penalties and Remedies for Non-Disclosure (attached as Exhibit 15-A) Also attached as Exhibit 15-B is the first reading version of Ordinance No. 112, entitled Rescinding Rules Requiring Disclosure of Ex Parte Communications and Repealing Penalties and Remedies for Non-Disclosure.

The text of Ordinance No. 99 identifies the ex parte rules as Regulation XIV and Rules 140, 141, 142 and 143. However, when the rules were added to the Rules and Regulations document, they were renumbered as Regulation XVIII and Rules 180, 181, 182 and 183. Ordinance No. 112 identifies the rules to be deleted as Regulation XVIII and Rules 180, 181, 182 and 183.

RECOMMENDATION: The Board should conduct the public hearing on draft Ordinance No. 112 rescinding ex parte communication rules and consider adoption on first reading. If the draft ordinance is adopted, it will be brought forward to the Board for second reading and final adoption on February 19, 2004.

IMPACT ON STAFF RESOURCES: If Ordinance No. 112 is adopted, District staff will cease activities associated with implementation of Ordinance No. 99. This will allow staff time to be diverted to other priority projects.

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