HomeMy WebLinkAboutLETTER TO COUNCIL (2) //_► Ii��. CITY OF WAT E " • 0 , IOWA
.,,.. ,., CITY ATTORNEY'S OFFICE
.w S1 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571
GterlOp N° JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney
Mayor
TIMOTHY J.
HURLEY
March 18, 2008
COUNCIL
MEMBERS City Council Members
City of Waterloo
REGINALD A. 715 Mulberry Street
SCHMITT Waterloo, IA 50703
Ward 1
CAROLYN
COLE Re: Ex Parte Communications Regarding Contested Matters
Ward
HAROLD Commission and Council Members:
GETTY
Wards Because new members have recently been added to both the Planning,
QUENTIN I.I. Programming and Zoning Commission and the City Council, it seems appropriate to
HART remind everyone of the City's policy against ex parte communications regarding contested
Ward 4 matters that are likely to be brought before commission and council members in their
RON official capacities.
WELPER
Ward 5 An ex parte communication is generally one that occurs outside of a required public
BOB hearing. The rule against ex parte communications in connection with rezoning decisions
GREENWOOD arises from the case of Sutton v. Dubuque, 729 N.W.2d 796 (Iowa 2006). In that case,two
At-Large plaintiffs filed an action against the City of Dubuque, objecting to amendments to the
STEVE zoning ordinance. Among other rulings made by the Court, it also held that the rezoning
scxl`IITT -- actions of the city council relating to a planned unit development district constituted a
At-Large quasi-judicial function. A quasi-judicial function may be recognized if the actions of a
government body involve proceedings in which prior notice and a hearing are required, or
where the rights of parties are determined by the exercise of discretion in finding facts and
applying the law to the facts.
In light of these case developments, the City of Waterloo has set up a policy against
ex parte communications between members of the Commission or City Council and
interested parties to the actions of either body's rezoning activities. Concerning such
matters, the following procedures should be observed. First, if the person contacts you in
person or by phone, advise them that the topic is one that you cannot discuss, but only
listen. Second, keep records of any conversations had(whether in person or by phone), e-
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March 18, 2008
Page 2
mails received, or documents received. Finally, disclose all ex parte communications at the
next meeting when the particular rezoning matter is taken up.
For your information, both above-cited cases have been enclosed with this letter. If
you have any questions, comments, or concerns, feel free to contact me.
V yr truly y ,
/
James E. Walsh, J
City Attorney
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