HomeMy WebLinkAboutCC RESO 2007-19RESOLUTION NO. 2007 — 19
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADDING POLICY NUMBER 116 TO THE CITY COUNCIL POLICY MANUAL
REQUIRING DISCLOSURE OF EX PARTE CONTACTS BY MEMBERS OF
THE CITY COUNCIL AND OF THE CITY'S BOARDS AND COMMISSIONS
WHEREAS, an ex parte contact or communication occurs when, prior to
considering a matter on a public meeting agenda, a member or members of the City Council, or
of a City board or commission, receive information pertaining to that matter outside the public
meeting; and
WHEREAS, in quasi-judicial proceedings in which members of the City Council or
City boards or commissions apply rules or laws to a specific set of facts, due process requires
that the decision -maker be impartial and without bias; and
WHEREAS, considerations of due process in quasi-judicial proceedings also
require that the decision not be made based upon information received outside of the
administrative hearing; and
WHEREAS, in the event an ex parte contact occurs, disqualification of the official
making the contact can be avoided and "cured" by disclosure of the contact at the time of the
public meeting; and
WHEREAS, a policy has been proposed which would add Policy Number 116 to
the City Council Policy Manual to establish the following requirements:
1. Members of the City Council and of the City's boards and
commissions shall keep a written record of all ex parte contacts.
2. At the time an agenda item is called, and prior to discussion, all ex
parte contacts shall be disclosed on the public record.
3. City staff shall endeavor to inform all persons intending to appear
before the City Council or any of the City's boards or commissions of this Policy.
4. No person shall make ex parte contacts with a majority of the
members of the City Council or of the City's boards or commissions to develop a
consensus as to an item coming before any of those bodies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby adds Policy Number 116 to the City Council Policy Manual requiring
disclosure of ex parte contacts by members of the City Council and of the City's boards and
commissions.
--- Signature Page to Follow ---
Resolution No. 2007 — 19
February 6, 2006
Page 2
PASSED and ADOPTED this 6th day of February 2 07.
on Morrison, Mayor
ATTEST:
411411/At Mich el R. DaIla, Ci y Clerk
APPROVED AS TO FORM:
7/Th imotA:ito
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
February 6, 2007, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
H
City Jerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2007-19 of the City of National City, California, passed and adopted
by the Council of said City on February 6, 2007.
City Clerk of the City of National City, California
By:
Deputy