Title
a. Introduce, waive reading, and set July 9, 2019, at 1:30 p.m. as the date and time to consider adoption of 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 decisionmakers acting in an adjudicative capacity.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Introduce, waive reading, and set July 9, 2019, at 1:30 p.m. as the date and time to consider adoption of 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 decisionmakers acting in an adjudicative capacity; and
SUMMARY/DISCUSSION:
Historically, lawyers have been prohibited from ex parte contact with judicial officers involving a contested matter. Ex Parte contact means contact with the judicial officer 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 to include contact with members of administrative bodies hearing matters in an adjudicative capacity. Land use and other entitlement hearings are known as quasi-judicial or adjudicative. Such entitlement matters come before the Board of Supervisors, the Planning Commission and the Zoning Administrator, and may include other bodies.
Rule 3.5 does not apply if the contact is permitted by law. County attorneys advising the Board, Planning Commission or the Zoning Administrator provide such service pursuant to law. Rule 3.5 also allows the local administrative body to adopt rules to permit ex parte contacts. Non-lawyers advocating for clients or a project are not bound by the Rules of Professional Conduct.
Chair Phillips submitted Referral 2019.02 requesting County Counsel draft rules of procedure so that lic...
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