What are Ex Parte Communication by Council Members?

Upon advice of the city attorney, council members should be particularly sensitive to the potential for ex parte communication that might flaw their quasi-judicial decision. An example of improper ex parte communication would be any discussion outside of the formal public hearing before the commission or council’s final decision has been made, that might occur between a member of the council and a proponent or opponent of a developer’s pending land use application. Any such ex parte communication might well be used by an applicant,
or by those who might oppose the application, as legal justification to set aside the quasi-judicial decision of the governing body. This will almost certainly be an expensive mistake for a council member to make.