When do the "rules" of ex parte communications begin?

[GoWest]

In my township, a Conditional Use Application has been presented to our Board of Commissioners, and the hearings are now complete. During the applicant's testimony where she was describing the "shaping and direction" of the project, she said that she had spoken to "a couple Commissioners" about it.  That's weird because when I reached out to my (the same) Commissioner prior to the hearings to discuss the project, he told me he couldn't speak with me about it because of the ex parte stuff. So here's my question: When do these rules kick in? Is it...no communication prior to the application submission date? Or prior to the commencement of the hearings? Or some other moment in time? Thanks very much. I'm sorry if this is a dumb question. 

[Greg Goodwiller, PRP]

This is completely a matter of what is in your township's rules. The ban against ex parte communication comes from the secular legal system, not from Robert's Rules. Nothing in RONR would prevent anyone from communicating privately or otherwise from anyone else prior to a meeting.

[Josh Martin]

On 1/17/2024 at 6:16 PM, GoWest said:

In my township, a Conditional Use Application has been presented to our Board of Commissioners, and the hearings are now complete. During the applicant's testimony where she was describing the "shaping and direction" of the project, she said that she had spoken to "a couple Commissioners" about it.  That's weird because when I reached out to my (the same) Commissioner prior to the hearings to discuss the project, he told me he couldn't speak with me about it because of the ex parte stuff. So here's my question: When do these rules kick in? Is it...no communication prior to the application submission date? Or prior to the commencement of the hearings? Or some other moment in time? Thanks very much. I'm sorry if this is a dumb question. 

Ex parte communication is a legal issue, not a parliamentary one. So I have no idea when these rules "kick in." I would advise consulting the township's attorneys for questions on this matter.

Edited January 18, 2024 at 02:23 PM by Josh Martin