ITEM:

PUBLIC HEARINGS

 

12.

CONSIDER SECOND READING OF ORDINANCE NO. 112 (CONTINUED FROM APRIL 19, 2004) RESCINDING RULES REQUIRING DISCLOSURE OF EX PARTE COMMUNICATIONS AND REPEALING PENALTIES AND REMEDIES FOR NON-DISCLOSURE

 

 

Meeting Date:

May 17, 2004

Budgeted: N/A

 

Staff Contact:

David Laredo

Program/Line Item No.: N/A

 

 

Cost Estimate: N/A

 

General Counsel Approval: N/A

Committee Recommendation: The Rules & Regulations Committee by consensus, agreed there is no need to enact Ordinance No. 112 if the Implementation Guidelines are amended to change the reporting process for ex parte Communications.

CEQA Compliance: N/A

 

SUMMARY: At second reading on February 19, 2004, Ordinance No. 112, Rescinding Rules Requiring Disclosure of Ex Parte Communications and Repealing Penalties and Remedies for Non-Disclosure, was referred to the Rules & Regulations Committee for review. Draft Ordinance No. 112 is attached as Exhibit 12-A.

 

The Rules & Regulations Committee met on May 4, 2004 to discuss this item. The Committee recommends amending the Implementation Guidelines for Ordinance No. 99 to change the requirement for mandatory written disclosure to optional written or oral presentation. The committee, by consensus agreed that there is no longer a need to enact Ordinance No. 112.

 

RECOMMENDATION: The Board should consider second reading and adoption of Ordinance No. 112. The Rules & Regulations Committee recommends that the ordinance is no longer needed, and therefore the ordinance should not be approved upon second reading if the Implementation Guidelines have been amended.

 

BACKGROUND: Ordinance No. 99, Requiring Disclosure of Ex Parte Communications and Establishing Penalties and Remedies for Non-Disclosure, was adopted on November 19, 2001. On January 29, 2004 the first reading of Ordinance No. 112, Rescinding Rules Requiring Disclosure of Ex Parte Communications and Repealing Penalties and Remedies for Non-Disclosure, was approved. Following public comment at second reading on February 19, 2004, Chair Edwards referred the item to the Rules & Regulations Committee for review. The Rules & Regulations committee agreed, by consensus, that a change to the reporting process affecting ex parte communications sufficiently addressed concerns, and if enacted, there would no longer be a need to adopt Ordinance No. 112.

 

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