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Last modified
8/18/2020 2:35:30 PM
Creation date
11/5/2014 1:42:44 PM
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Resolutions
Number
73-05
Date
2005-07-21
Description
Adopting a Policy Governing Ex Parte Contacts
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• • <br /> TOWN OF LOS ALTOS HILLS <br /> EX PARTE CONTACTS POLICY <br /> (Approved by City Council July 21, 2005) <br /> A. Purpose. This policy is intended to ensure that decisions of the Town of <br /> Los Altos Hills in quasi-judicial administrative proceedings comply with the <br /> requirements of Due Process under the Constitutions of the United States and the State of <br /> California. <br /> B. Definitions. The following definitions shall apply to this policy: <br /> "Contacts"means the receipt of information outside of a public hearing relevant <br /> in a Quasi-judicial Proceeding of a Legislative Body. Contacts may include individual <br /> conversations,written communications, electronic mails, telephone calls, and visits to <br /> sites that are the subject of such hearings. <br /> "Hearing"means an evidentiary hearing in a Quasi-judicial Proceeding. <br /> "Legislative Body or Bodies"means the City Council and the Planning <br /> Commission. <br /> "Quasi-judicial Proceeding"means a-Town proceeding in which a Legislative <br /> Body applies existing legal standards to a particular set of facts that affects an individual <br /> or individuals. Quasi-judicial proceedings include but are not limited to actions on site <br /> development permits, conditional use permits, variances, and tentative subdivision maps. <br /> "Pending"means an application to initiate a proceeding has been filed or the <br /> Town has otherwise initiated a proceeding through the issuance of a notice or other <br /> formal means. <br /> B. Policy. <br /> 1. Members of Legislative Bodies that have Contacts related to Quasi- <br /> judicial Proceedings shall disclose the Contacts on the record of the Quasi-judicial <br /> Proceeding, as required by this policy, so that participants in the Hearing receive an <br /> opportunity to rebut or explain information obtained from the Contacts. Contacts shall be <br /> disclosed even if the Contacts took place before the Quasi-judicial Proceeding was <br /> Pending. <br /> 2. Legislative Bodies often decide matters that involve Quasi-judicial <br /> Proceedings that are contingent upon the concurrent approval one or more legislative <br /> decisions, such as a site development permit approval that is contingent upon a zoning <br /> ordinance amendment. While there are no specific statutes or appellate decisions that <br /> require disclosure of Contacts in such contexts, members of Legislative Bodies that have <br /> Contacts in such proceedings are encouraged to disclose the Contacts in the same manner <br /> that Contacts are disclosed in ordinary Quasi-judicial Proceedings. <br /> 758890.3 <br />
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