ITEM:	PUBLIC HEARINGS
11.	CONSIDER AMENDMENT OF IMPLEMENTATION GUIDELINES FOR DISCLOSURE OF EX PARTE COMMUNICATIONS TO ENABLE BOARD MEMBERS TO ORALLY REPORT EX PARTE CONTACTS
Meeting Date:		May 17, 2004	Budgeted: N/A
			Program/Line Item No.: N/A
Staff Contact:		David Laredo	Cost Estimate: N/A
General Counsel Approval: Yes
Committee Recommendation: None
CEQA Compliance: N/A

SUMMARY: On November 19, 2001, the Board of Directors adopted Ordinance No. 99, known by its short title as the Ex Parte Communication Ordinance. Ordinance No. 99 added District Regulation XVIII and Rules 180, 181, 182 and 183 to the District Rules and Regulations. Section Ten of Ordinance No. 99 required the Board to approve, by motion, a set of detailed guidelines to implement the disclosure requirements and responsibilities imposed by that ordinance. (The Implementation Guidelines are attached as Exhibit 11-A.)

Paragraph 5 of the Implementation Guidelines imposes a duty upon Board Members to report all Ex Parte Communications, in writing, on a Form for Disclosure of Ex Parte Communication. If the Ex Parte Communication occurs more than seven (7) calendar days in advance of the Board hearing, Board Members are required only to complete this form. If the communication occurs within seven (7) days of the Board hearing, Board Members are required to both complete the written form and make an oral report of the communication.

If amendment of the Implementation Guidelines is approved (amending language is attached as Exhibit 11-B.), Board members may comply with the Ex Parte Communication disclosure requirement by either submitting the written report, or by making an oral statement, instead of making both written and oral reports.

On May 4, 2004, the Rules and Regulations committee discussed this matter in conjunction with its review of proposed Ordinance No. 112, and by consensus recommends amendment of the Implementation Guidelines.

RECOMMENDATION: The Board should conduct the public hearing on this matter, and determine by motion whether to amend the Implementation Guidelines for Disclosure of Ex Parte Communications.

IMPACT ON STAFF/RESOURCES: Oral disclosures of Ex Parte Communications are nominally more efficiently to administer, but to date these matters rarely arise.

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