Item 6.1 Board of Ethics:
Proposed Council Policy on
Ex Parte Communications
Presented By: Chair Salas and Member Gersten
Chula Vista City Council Meeting
Tuesday, July 28, 2026
BACKGROUND
• Ad-Hoc Subcommittee
was created.
February 15, 2023
•The Subcommittee researched,
discussed, and drafted a
formal policy over an
extended period.
•Monthly progress updates
were provided at Board of
Ethics meetings.
2023-2025
• Draft policy referred to
the City Attorney’s
Office for legal review.
September 17, 2025
• Board of Ethics voted to
refer the item to the City
Council for review.
December 17, 2025
PURPOSE
• Ensure fundamental fairness and due process in quasi-judicial proceedings. Promote open, objective, and impartial decision-making. Prevent undue influence and abuse of power or authority. Increase transparency and public confidence in City decision-making.
STATEMENT OF POLICY – SCOPE
• Applies to quasi-judicial proceedings affecting specific rights or interests. Such proceedings are subject to due process and California Code of Civil Procedure §1094.5.
Examples include land use permits, license revocations, nuisance abatements, and evidentiary hearings.
Does not apply to legislative acts such as ordinances or land use plans.
STATEMENT OF POLICY – EX PARTE
COMMUNICATIONS
• Ex parte communications are substantive communications outside a noticed public hearing.
May include written materials, conversations, independent fact-finding, or site visits.
Such communications should be avoided to preserve fairness and impartiality. Communications suggesting advocacy or assistance raise significant due process concerns.
STATEMENT OF POLICY – SCOPE
• Applies to quasi-judicial proceedings affecting specific rights or interests. Such proceedings are subject to due process and California Code of Civil Procedure §1094.5.
Examples include land use permits, license revocations, nuisance abatements, and evidentiary hearings.
Does not apply to legislative acts such as ordinances or land use plans.
STATEMENT OF POLICY – EX PARTE
COMMUNICATIONS
• Ex parte communications are substantive communications outside a noticed public hearing.
May include written materials, conversations, independent fact-finding, or site visits.
Such communications should be avoided to preserve fairness and impartiality.
Communications suggesting advocacy or assistance raise significant due process concerns.
PROCEDURE – APPLICABILITY AND
IDENTIFICATION
• Applies to all City decision-makers, including City Council, boards, and commissions.
City Clerk, City Manager, and City Attorney identify quasi-judicial agenda items.
Agenda items will be prominently marked as quasi-judicial when applicable.
PROCEDURE – DISCLOSURE AND
RECORDKEEPING
• Presiding officer requests disclosure of ex parte communications before public comment.
Disclosures may be verbal and must include type, timing, participants, and substance.
Written materials must be submitted to the City Clerk for inclusion in the record.
If unavailable, a description and explanation must be provided.
PROHIBITED COMMUNICATIONS
• The record may only include evidence presented on the record during the hearing. Ex parte communications after the hearing is closed are prohibited. Post-hearing communications are not allowed due to lack of opportunity for rebuttal.
EX PARTE COMMUNICATION POLICY
QUESTIONS?