This episode is about the Town Planning Commission and Ex parte communications.
As members of planning commissions (or boards), these citizen planners oversee and implement the local comprehensive plan, recommend land use ordinances and regulations, create and apply implementation tools, and implement the state’s 12 planning visions in their jurisdictions. As members of boards of zoning appeals (or board of appeals, zoning appeals board), they hear and decide on appeals of decisions made about the enforcement of land use ordinances, hear and decide on special exceptions to those ordinances, and authorize variances.
What is Ex Parte Communications?
“When decision-making processes (e.g., in local government) give the appearance, real or imagined, of being one-sided or prejudiced, and therefore, full due process is not provided to the public. Why is this important? To ensure our consideration & the commission’s discussion is open & multi-sided, rather than one-sided. The Town Planning Commission (PC ) is a Governing Body that must abide by Maryland State Law. The Town Planning Commission, at their September 5, 2023, reviewed their Rules of Procedure and will include an ex parte policy or clause:
“Ex Parte Communication: Ex Parte Communications Prohibited - An ex parte communication includes an oral or written communication not on the public record to which reasonable prior notice is not given to all parties. Such communication between Commission members and interested persons is prohibited if relevant to the merits of a Commission proceeding. Members should not discuss applications with applicants or other interested persons outside the confines of a public meeting but should recommend that the person(s) contact Staff with any questions or concerns. b. Disclosure of Ex Parte Communications - If a member does inadvertently engage in an ex parte communication, the member should - at the next meeting in which the relevant application is to be discussed - state the nature of the communication and submit for the record any written communication received, any written response to a communication, state the substance of each oral communication received, and state the substance of any oral response to a communication. Alternatively, the member may recuse himself or herself from voting on that specific application. If a member does not disclose ex parte communications, they may be subject to the provisions of Chapter 20, Ethics of the Town Code.”
Source: Planning Ethics and Ex Parte Communications: https://planning.maryland.gov/Documents/Our-Engagement/MPCA/20181026/2018-MPCA-Ethics-Ex-Parte-Comm-Presentation.pdf
Planning Commission Training Course: https://planning.maryland.gov/Pages/OurEngagement/EducationWelcome.aspx
