Commission members should not have conversations or receive correspondence regarding a quasi-judicial matter that is pending before the commission or which may come before the commission except during a noticed meeting or hearing on the matter. Such outside contacts are known as “ex parte communication.” Ex parte communication may not be considered in decision-making unless it is disclosed and made part of the official record in the matter. The commission as a whole can then determine the admissibility of the information and individual members can determine its credibility and weight in deciding their vote on the issue.

The reason for exclusion of ex parte information is that parties are entitled to know and examine the source of information used by the commission in its decision-making. Outside discussion regarding procedural matters such as scheduling a meeting or explaining how to file an application is permissible. Ex parte communication is not a concern when enacting legislation (i.e. plan or ordinance adoption) or making administrative decisions (i.e. issuing simple zoning or building permits).

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