13. SECOND READING OF ORDINANCE NO. 112 –
RESCINDING RULES REQUIRING DISCLOSURE OF EX PARTE COMMUNICATIONS AND REPEALING
PENALTIES AND REMEDIES FOR NON-DISCLOSURE
Meeting Date: February 19, 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 on First Reading
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 13-A). On January 29, 2004, the Board of Directors conducted a public
hearing on the first reading of Ordinance No. 112, entitled Rescinding Rules
Requiring Disclosure of Ex Parte Communication and Repealing Penalties and
Remedies for Non-Disclosure. Attached
as Exhibit 13-B is the draft
ordinance that was adopted on a vote of
4 – 3 at the January 29 public hearing and is now presented for second
reading and final adoption.
Ordinance No. 112 would repeal ex parte communication
rules established by Ordinance No. 99.
The ex parte rules require that Directors must disclose all
communications on quasi-judicial matters pending decision before the Board of
Directors. Quasi-judicial matters are
applications and hearings that determine rights or obligations of named
individuals or of specific property.
Examples include, but are not limited to, requests for variances,
appeals, and similar matters requiring decision of the Board of Directors based
upon specific notice and a hearing record.
The ex parte reporting rules do not apply to communications on
quasi-legislative matters, such as decisions of general policy or direction
such as ordinances or resolutions.
Please note that 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 Ordinance No.112 rescinding ex parte communication rules and consider adoption. If the draft ordinance is adopted, it will become effective on March 20, 2004.
IMPACT ON STAFF RESOURCES: If Ordinance No. 112 is adopted, District staff will cease
activities associated with implementation of Ordinance No. 99.
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