10. SECOND READING OF ORDINANCE NO. 112 –
RESCINDING RULES REQUIRING DISCLOSURE OF EX PARTE COMMUNICATIONS AND REPEALING
PENALTIES AND REMEDIES FOR NON-DISCLOSURE
Meeting Date: April 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
Committee Recommendation: The Rules &
Regulations Review Committee recommended adoption on a vote of 2 – 1.
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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
10-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
10-B is the draft ordinance that was adopted on a vote of 4 – 3 at the January 29, 2004 public
hearing. On February 19, 2004 the Board
of Directors considered second reading of the ordinance and decided to refer
the issue to the Rules and Regulations Review committee for a
recommendation. On April 12, 2004, the
Rules and Regulations Review committee discussed the ordinance and on vote of 2
– 1, recommended that the Board adopt the second reading version as presented.
RECOMMENDATION: The Board should conduct the public hearing on the second reading of Ordinance No.112 rescinding ex parte communication rules and consider adoption. If the draft ordinance is adopted, it will become effective on May 23, 2004.
IMPACT ON STAFF RESOURCES: If Ordinance No. 112 is adopted, District staff will cease
activities associated with implementation of Ordinance No. 99.
BACKGROUND:
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.
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