Title
a. Introduce, waive reading, and consider an ordinance of the County of Monterey, State of California, adding Section 2.04.355 to the County Code related to attorney communications with members of the Board of Supervisors and other decision-makers acting in an adjudicative capacity; and
b. Set September 10, 2019, at 10:30 a.m., or later, as the date and time for adoption of the ordinance.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Introduce, waive reading, and consider an ordinance of the County of Monterey, State of California, adding Section 2.04.355 to the County Code allowing attorney communications with members of the Board of Supervisors and other decision-makers acting in an adjudicative capacity; and
b. Set July 10, 2019, at 10:30 a.m., or later, as the date and time for adoption of the ordinance.
SUMMARY/BACKGROUND:
The U.S. and California Constitutions provide everyone the right to petition their government through their elected and appointed representatives. As a general principle, elected officials have an obligation to constituents to be involved in matters of public importance. These principles and rights do not require elected officials to meet with everyone nor to conduct independent investigations of important public matters, but they do require adherence to principles of due process and fair hearings.
Historically, lawyers have been prohibited from Ex Parte contact with judges involving contested matters, such as lawsuits. Ex Parte contact means contact with a decision-maker in a contested matter for the benefit of one side/party where the other side/party is excluded. New Rule 3.5 of the California Rules of Professional Conduct for lawyers expanded the Ex Parte contact prohibition in the judicial context to also preclude contact with members of administrative bodies hearing matters in an adjudicative capacity, which is also referred to as "quasi-judicial." Land use and other entitlement hearings at ...
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