Ex Parte Communications: The Law and Practices at Six California Boards and Commissions
Charlene Wear Simmons, Ph.D (CRB-08-001, January, 2008)
This report, which was requested by Assemblymember Loni Hancock, Chair of the Natural Resources Committee, examines the legal limitations on ex parte communications between board commissioners and interested outsiders on the following state boards and commissions: California Air Resources Board, Integrated Waste Management Board, State Water Resources Control Board, California Energy Resources Conservation and Development Commission (Energy Commission), Public Utilities Commission, California Coastal Commission. Ex parte communications are made in private between an interested party in a decision-making process and an official in a decision-making position. Because they can introduce an element of bias in a decision-making process and violate basic due process requirements, state law generally requires that the involved officials publicly disclose ex parte communications in an open meeting. However the legal requirements and practices for the six boards and commissions analyzed for this report vary, and the public disclosure process evidenced in their meeting minutes is uneven.
PDF version (729KB) is available online.
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